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(영문) 서울서부지방법원 2018.05.18 2018고단1176
특수폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 27, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for special intimidation at Seoul Western District Court on February 2, 2018 and completed the execution of the said sentence at the original prison on February 2, 2018.

around 18:56 on February 22, 2018, the Defendant: (a) while moving ice, such as ices, which were 27 in the south of Mapo-gu Seoul Metropolitan City, and in the vicinity of apartment complexes, was fluording the victim C (the victim 71 years of age) into a marina; (b) on the ground that she was fluoring the victim’s abolition in the vicinity of the victim C (the victim 71 years of age) first, and was fluoring on the ground that she was fluoring the dangerous things (the “fluort”, and No. 1 of evidence) brought by the victim, and used the victim for assaulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. The CD;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of suspect repeated crimes);

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Where he/she commits a crime with dangerous articles in the area of special aggravation (from April to one year and six months) (special aggravation) within the scope of the recommended punishment, a repeated crime of the same kind;

2. The fact that the injured person assaults the injured person without any particular reason in the decision of sentencing [the motive of the crime is that it was difficult for the injured person to discontinue the sentence, or that he steals the abolition collected by him, and it can be deemed that it is a assault with no reason, in fact, that it is the motive of the crime;

In light of the fact that the rejection, which is a dangerous object, is used for the crime, and the record of the crime of violence has reached 22 times (16 times in real force) and that the recidivism was committed during the period of repeated crime due to the crime of the same type, it would be considered as a favorable circumstance that the degree of damage caused by the crime of this case is somewhat insignificant.

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