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(영문) 제주지방법원 2017.12.20 2017고단2327
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Of the facts charged in the instant case, a public prosecution against assault and intimidation is sought.

Reasons

Punishment of the crime

[criminal records] On October 23, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Jeju District Court, and completed the execution of the sentence at the Jeonju Prison on October 15, 2015.

[2] The Defendant is a space between the victim C (28 tax, female) and the victim C (28 tax, female) from around 2010 to April 2017.

1. On August 13, 2017, the Defendant intrusiond upon a residence: (a) opened a door door and opened a password of the entrance known in advance at the time when he/she proposed to teach the victim’s residence; and (b) intrudes upon the victim’s residence against the victim’s will.

2. On August 13, 2017, at around 19:00, the injured Defendant: (a) stated that “the victim started to walk together with B” at the victim’s residence located in the above D building 102; (b) however, when the victim refused, the victim’s face was taken by drinking out of the damaged corridor, and (c) took away from the damaged corridor, the victim’s face was injured by the victim, such as two-day therapys, which require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the public prosecutor with regard to C;

1. Statement made by the police with regard to C;

1. A written diagnosis of injury;

1. Data of photographs;

1. Previous convictions: Application of Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, report of investigation (a), attachment of criminal suspect's previous records to the same kind of court rulings), the relevant official document, and similar military records

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 257(1) of the Criminal Act (the point of harm) and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is four times, and the defendant has been punished by a fine for interference with business after being released on October 15, 2015.

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