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(영문) 서울남부지방법원 2019.09.25 2019고단3745
폭행
Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 23, 2016, the Defendant was sentenced to imprisonment with prison labor for an injury at the Seoul Southern District Court for one year and six months, and completed the execution of the said sentence on January 11, 2018.

【Criminal Facts】

At around 07:00 on June 26, 2019, the Defendant d(40 years of age) was taking a lot of boomed to the victim D(the 40 years of age) at the ward in the Seoul Southernnam Detention House C room located in Guro-gu Seoul Metropolitan Government, and took a bath to the victim, and assaulted the victim by taking care of the victim's snow around the victim's snow.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Previous convictions: Application of Acts and subordinate statutes to criminal history records, investigation reports, and criminal investigation reports;

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

1. The circumstances favorable to sentencing under Article 35 of the Criminal Act among repeated offenders: The defendant is acknowledged to commit a crime, the frequency or degree of assault is not heavy: the defendant has been punished several times for violent crimes, and the defendant again commits the crime of this case within a detention house without being aware of it in the convict life. As above, the defendant was guilty of committing the crime of this case in the detention house without being aware of it, and the defendant's age, character and behavior, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions indicated in the arguments and records of this case shall be determined as ordered

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