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(영문) 광주지방법원 목포지원 2019.01.11 2018고단1042
폭행등
Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[Criminal Power] On November 18, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for an injury, etc. in the Manpo District Court of Gwangju, Gwangju, and completed the execution of the sentence on August 21, 2018.

【Criminal Facts】

At around 14:00 on October 28, 2018, the Defendant expressed the victim C with a large voice that “I wish to drink and drink,” and “I wish to drink,” the victim C, “I wishing to drink,” and expressed the victim C with a large voice that “I wish to drink, franch, franch, franch,” and, by force, I interfere with the victim C’s restaurant business operation by avoiding a disturbance, such as a franch, franch, franch, franch, by her hand, on the part of the table located therein.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Seven copies of CCTV extract photographs;

1. Criminal records as stated: Criminal records, etc., one copy of inquiry report, one copy of judgment, and the application of Acts and subordinate statutes on the acceptance status of each individual;

1. Article 314 (1) of the Criminal Act applicable to the crimes and Article 314 of the Election of Imprisonment;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] The mitigated area (one to eight months) [Special Mitigation] [including a serious effort to recover damage] of the mitigated area (one to one month] [the decision of sentencing] of the Defendant confessions and reflects the Defendant’s crime of this case, although the Defendant agreed with the victim, there are very many records of criminal punishment due to violence (one to ten times) as well as the fact that the Defendant committed the crime of this case even during the period of repeated crime, such as the criminal records in the judgment, and the sentencing of the records, including the fact that the Defendant committed the crime of this case even during the period of repeated crime, such as the criminal records in the judgment.

Public Prosecution Rejection Parts

1. This part of the facts charged

A. On September 21, 2018, the Defendant: (a) around 21:30, at the Sinpo City square of Mapoposiro 98, on the ground that the victim F (the age of 60) who was known to the Defendant was “acsing alcohol” and annoyinglyinglying against the Defendant.

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