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(영문) 서울중앙지방법원 2018.01.10 2017고단4142
상습폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant worked as a cook at the “D cafeteria” restaurant located in Jung-gu, Seoul, and the second floor, and the victim E (V, 46 years of age) worked as a cook assistant from May 2016 to the above restaurant.

The defendant habitually committed assault to the victim as follows.

1. On February 2, 2017, the Defendant rendered several times to the head of the victim on the ground that the victim did not prepare food materials in advance at the kitchen of the above restaurant, on the ground that he did not prepare food materials in advance.

2. On February 9, 2017, the Defendant: (a) around 13:00 on February 13, 2017, at the kitchen of the above restaurant, on the ground that the victim was able to influent with less eggs, and (b) on the ground that the victim was able to influently cut down the strings and fluents of the victim

3. 피고인은 2017. 2. 12. 경 위 음식점의 주방에서, 피해자가 그릇에 이물질을 묻힌 채 손님에게 제공하였다는 이유로, 욕설을 하면서 주먹으로 피해자의 머리 부위를 수 회 때리고 발로 피해자의 종아리 부위를 걷어찼다.

4. In addition, the Defendant took one week from September 1, 2016 to January 31, 2017 at the kitchen of the above restaurant and took the head of the victim by the foregoing method.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Entry of each part of the protocol concerning the suspect examination of F in relation to the police;

1. Statement of each police statement with respect to E and G;

1. Habituality of the judgment: The relevant Article of the Criminal Act and the reasons for sentencing (a comprehensive selection of imprisonment), based on the facts constituting a crime subject to the applicable statute and Articles 264 and 260(1) of the Criminal Act, in light of the number of crimes in the judgment, the frequency of crimes, and the fact that similar crimes are repeated several times in the short term;

1. The scope of the recommended punishment on the sentencing criteria [type] the basic area [the scope of the recommended punishment] shall be punished by imprisonment for six months from June to October, 1 year and 10 months;

2. The last ten years of the decision of sentence; and

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