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(영문) 서울중앙지방법원 2017.03.03 2016고단9093
폭력행위등처벌에관한법률위반(상습폭행)등
Text

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

Reasons

Punishment of the crime

[Criminal Records] On May 15, 2014, the Defendant was sentenced to imprisonment for one year with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Central District Court, and two years of suspension of execution for a year, and was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (Habitual assault) at the same court on July 16, 2015 and six months of the suspension period.

9. 21. The sentence of the foregoing suspended sentence was invalidated upon the final and conclusive judgment, and on October 6, 2016, a person with the same record of punishment more than 15 times, including the termination of the enforcement of each of the above sentence in the Ganpo Prison.

[2] On December 10, 2016, the Defendant: (a) was discharged from active service on or around 06:50 on December 10, 2016; (b) was on board the Daejeon-Seoul Dack 1D seated in the 1D train No. 9, Daejeon, the Defendant: (c) took a bath to the victim D (V, 29 years of age) who is a crew member requesting the verification of boarding passes; and (d) took a part of the victim’s face on one occasion by drinking, and pushed the victim’s face on one hand.

As a result, the Defendant, who was sentenced to imprisonment more than twice in violation of the Punishment of Violences, etc. Act, committed assault as above during the period of repeated crime, and interfered with the duties of railroad workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographss of damaged parts, crimes, and photographs of the place of arrest;

1. Previous convictions: Inquiry about criminal history, reporting on the results of previous convictions and reporting on the results thereof, and applying Acts and subordinate statutes to investigation reports (personal confinement status and sentence of judgment);

1. Article 2 (3) 1 and (2) 1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (a point of violence) and Articles 78 (1) and 49 (2) of the Railroad Safety Act (a point of interference with the performance of duties of railroad workers);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 35 of the Criminal Act for aggravated repeated crimes (In light of various circumstances, such as the background and means of the crime, the contents of the crime, and the defendant's behavior before and after the crime, acknowledged by the evidence duly adopted and investigated by this Court.

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