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(영문) 서울중앙지방법원 2013.08.23 2013고단3962
폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 15, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of injury, insult, etc. in the Changwon District Court’s territorial branch on February 15, 2012, and completed the execution of the sentence on October 3, 2012.

1. A point of violence;

A. On June 28, 2013, at around 20:15, the Defendant 20:15, the Defendant boomed the victim C(28 years of age) who was seated at the scench of the Seoul Jung-gu Seoul Central District that was located in 122, and took a bath without any particular reason, and the victim brudddddddddddddddddd the victim into another place. The Defendant brudddddd the victim by walking the back part of the victim on one occasion due to the scench.

B. On June 28, 2013, at around 20:30, the Defendant was examined as a crime of assault against the victim C (age 28) at a police box of the Seoul Southern-gu Seoul Southern-gu Police Station D that located in 122, Jung-gu, Seoul, Seoul. On June 28, 2013, the Defendant committed assault against the victim by walking back the back part of the victim on one occasion due to C.

2. On June 28, 2013, at the Seoul Southern Police Station D police station (hereinafter “Seoul Southern Police Station”) around 20:35, the Defendant sexually insultingd the victim by openly citing the victim “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am.”

Summary of Evidence

1. Defendant's legal statement;

1. Entry of each police statement in C and E;

1. Previous records: Application of each of the Acts and subordinate statutes stated in criminal records, etc., investigation reports (reports on the status of release of a suspect A) and investigation reports (reports on the status of release of the suspect A);

1. Relevant Article 260 (1) of the Criminal Act, Article 311 of the Criminal Act, and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act include not only ten times the criminal defendant has been punished by imprisonment and a fine.

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