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(영문) 수원지방법원 2014.09.17 2014고단4135
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2014, the Defendant sentenced the Suwon District Court to eight months of imprisonment with labor for the crime of interference with business, and completed the execution of the sentence in the female prison on May 2, 2014.

【Criminal Facts】

At around 15:20 on July 26, 2014, the Defendant expressed the victim’s face at one time on the ground that C(34 years of age) of mechanical equipment and articles (34 years of age) while working at the above construction site in front of the construction site of a new dyphoe Ba in Suwon-si B would be humping off.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records: Application of criminal records and other inquiries inquiry reports, and the current status of identification and confinement of each individual;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to four years;

2. The scope of the recommended sentence for the sentencing guidelines [decision of types] the group of violent crimes-general assault [the scope of the recommended sentence] the basic area (two months to ten months of imprisonment] (the scope of the recommended sentence]: None of the special persons:

3. The sentence shall be determined within the scope of the recommended sentence, taking into account the fact that the Defendant committed the instant crime for not long time after release, the Defendant did not yet agree with the victim, and there were several records of punishment for the same kind of crime.

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