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(영문) 의정부지방법원 고양지원 2016.11.10 2016고단1489
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On December 22, 2015, the Defendant was sentenced to one year by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dggravated Punishment, etc.) and completed the execution of the sentence on April 29, 2016.

【Criminal Facts】

On May 19, 2016, around 16:15, the Defendant assaulted the victim D (year 71) who reported the fact that the Defendant and other senior citizens are in conflict with each other to the police, and who reported the disturbance to the police, when making the victim D (year 71) talks about the face of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of D police statement;

1. 112 Reporting case handling table; and

1. Previous records: Criminal records, inquiry reports, investigation records (Attachment to the previous records of violence and related judgments, etc.), nine copies of the same military records, and the application of Acts and subordinate statutes to the personal confinement status;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommendations] the aggravated area (4-1 year) of the first category of assault crime (general assault), [the person under special jurisdiction] of the same repeated crime (excluding the types of habitual assault and repeated assault during the six categories] [the decision of sentence] the defendant has reached 13 times the same criminal records and committed the crime of this case during the period of repeated assault of the same crime.

There is no reason to consider the motive for the crime, and the degree of violence is not somewhat weak such as the victim's copia.

The victim is trying to punish the defendant.

The defendant's age, character and conduct, motive of crime, circumstances after crime, etc. and all of the sentencing conditions identified in the records of this case and the trial process shall be determined as per the order.

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