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(영문) 의정부지방법원 2018.12.21 2017고단5072
폭행
Text

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

Reasons

Punishment of the crime

On August 9, 2018, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution in Seoul Eastern District Court on August 9, 2018, and the above sentence became final and conclusive on August 17, 2018.

On November 6, 2017, the Defendant: (a) around 23:50 on November 6, 2017, around C convenience stores, the Defendant fin tobacco to the victim D (30 taxes) who was smoking, fin tobacco; (b) fincing time expenses; and (c) fincing the victim’s head left part of the victim’s head with his left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared in D or E;

1. Investigation report (Securing and analyzing CCTV images at the C convenience point);

1. 112 Notification to a department related to the report of the case;

1. A damaged photograph;

1. Scenes dysylgraph photographs;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the reason for sentencing Article 39 is, first of all, about the illegality of the instant crime.

The so-called "crimes punishable" refers to a crime that does not have the motive for committing the crime, or a non-discriminatory motive for the people of the general society or a specific class, and the subject of damage is a non-discriminatory or an unspecified number of people.

As above, not only infringes on individual victims' personal legal interests, but also causes fear that many members of the society may be a victim at any time in a situation where they do not make any example by themselves, and thereby causes trust in the fact that members of the society live in a safe society by causing them to question about social safety, and thereby causes a harm that impairs the trust of the effectiveness of legal order, and thus, it is necessary to make a strong punishment for such a crime strong.

In the case of this case, the defendant is flat before the convenience store without any particular reason.

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