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(영문) 서울북부지방법원 2019.07.10 2019고단729
폭행
Text

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

Reasons

Punishment of the crime

【Criminal Power” On June 28, 2017, the Defendant was sentenced to a suspension of the execution of imprisonment with prison labor for six months at the Seoul Northern District Court, which was sentenced to a suspension of execution of official duties, and the judgment became final and conclusive on July 6, 2017. On April 27, 2018, the Defendant was released as a cancellation of detention on the same day when he/she was detained under detention for eight months in prison due to a special assault committed by the same court. On August 28, 2018, the said judgment became final and conclusive, and simultaneously the said suspension of execution was invalidated.

(1) On February 10, 2019, the Defendant: (a) around 04:35, on February 10, 2019, in the Dongdaemun-gu Seoul Dongdaemun-gu, where the Defendant was living in the Defendant, opened a door-to-door visit under D where the victim C (the age of 48) resides in, and without any particular reason, she abused the victim by taking the fright-to-face-to-face-to-face-to-face-to-face-on-face-on-face-on-face-on-face-on-face-on-face-on-face-on-face-on-face-on-face

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement regarding C;

1. The CD-making of victim's standing photographs, photographs, and publicly announced CCTV images;

1. Previous records: Criminal history records, etc. inquiry reports, previous records of dispositions and results of confirmation, investigation reports (verification of the invalidation of suspended sentence against A, of repeated crime), and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] The reason for the sentencing of Article 35 of the Criminal Act [the punishment] is that the defendant has the same criminal power, but there is no reflectivity even though he again commits the crime of this case within the short period after release, it is necessary to make a strict punishment in light of the fact that the defendant does not have the same criminal power.

(2).

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