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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 춘천지방법원 강릉지원 2019.06.13 2019고단372
폭행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

【Criminal Power】 On August 29, 2017, the Defendant was sentenced to two years of suspended sentence for six months of imprisonment due to fraud, etc. at the Gangnam Branch Branch of the Chuncheon District Court on December 12, 2017, and the suspended sentence was revoked on December 12, 2017, and the execution of imprisonment was terminated in the Gangnam Prison.

【Criminal Facts of Crimes】 On March 8, 2019, at the top of AH restaurant located in Gangseo-si AG around 02:20 on March 8, 2019, the Defendant was at the time when the victim AI (the age of 19) (the age of 19) was able to have the victim’s face on his/her hand on the ground that the victim’s AI (the age of 19), who was known to his/her reputation, contacts with his/her former female-

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the AI;

1. A report on investigation (related photographs) and a copy of related photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports (power of repeated crime of a suspect, confirmation of separate records of a suspect), written judgments, output of written judgments, etc.;

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

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

1. Scope of punishment by law: One month to two years;

2. Aggravation of the punishment according to the sentencing guidelines (decision of type) for violence crimes: The scope of recommendations (decision of type) according to the sentencing guidelines; [Class 1] for general violence (excluding the types of repeated crimes in six categories): the area of aggravation [excluding the area of recommendations and the scope of recommendations] for the same repeated crime (excluding the types of repeated crimes in six categories): 4 months to 6 months;

3. Circumstances unfavorable to the decision of sentence: The defendant was sentenced to the suspension of the execution of imprisonment for the same kind of crime and the execution of imprisonment is revoked, and then committed the crime in this case again during the repeated crime period; the victim wants to be punished: The method and degree of the assault in this case are not much severe than the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc.; and the various sentencing conditions specified in the records and arguments are considered.

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