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(영문) 수원지방법원 2019.08.29 2019고단3576
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On September 22, 2017, the Defendant was sentenced to one year and two months of imprisonment with labor at the Suwon District Court for the crime of interference with business, etc., and completed the execution of the sentence in the Suwon Prison on June 7, 2018.

【Criminal Facts】

At around 22:10 on April 10, 2019, the Defendant, as an elderly, refused to load from the train that ends in operation under the influence of alcohol (K6321) and read “nicker’s University”, “chacker Chewing spacker,” and “spacker spacker’s body” and attempted to take a train again in the follow-up train, on the ground that the victim D and the social work personnel, who are social work personnel, have a fluored knife, knife, knife, knife, knife, so that the victim E, who is a victim, is a victim, and a social work personnel, has a sound, “hacker, knife, knife, knife,” and used the above E at one time the victim’s face at one time, and made the above victim’s face once with drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Each statement of E and D;

1. Damage photographs;

1. Previous records of judgment: Criminal records, references to criminal records, amounts of dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment, such as prior records of repeated crimes, decisions related thereto and current status of confinement of individuals);

1. Relevant Article 260 of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, among the concurrent crimes, shall be determined as ordered in full view of the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.

D. Unfavorable circumstances: The crime is committed during the period of repeated crimes, the crime is committed repeatedly despite the possibility of being punished for the same kind of crime, and the normal circumstances favorable to the unrepared recovery of damage: The degree of assault is against the recognition of the crime.

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