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(영문) 수원지방법원 안양지원 2015.10.21 2015고단1399
폭행
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

1. On July 2015, the Defendant committed the crime at the end of July 2015, on the ground that the victim D (the age of 62) who is another prisoner in prison C in the Seoul detention center, which was located in 143, an Ansan-ro 143, was classified into usual horse, and that he did not properly clean up the accommodation room, etc. at the end of July 2015, the Defendant assaulted the victim at one time at the end of July 2015.

2. Around August 2015, the Defendant committed the crime at the end of August 2015, the Defendant assaulted the victim by making the victim take advantage of the victim’s side gate, as described in paragraph (1), from the toilets located in the accommodation room as described in paragraph (1) on the same grounds as that set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective police statements of D, E, F, G, and H Acts and subordinate statutes;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] are imprisonment with prison labor for not less than two months but not more than ten months. The final sentence scope under the majority of concurrent crimes is imprisonment with prison labor for not less than two months but not more than one year and not more than three months. [the decision of sentence] The crime of assaulting other prisoners over several occasions during a multiple term of punishment is not good, and the crime is deemed to have been committed in addition to the crime. In addition to the crime, the crime is deemed to have been committed, the victim has been punished several times, and the victim has been tried to recover from damage. The sentence shall be imposed without prison labor for a period of two months, taking into account the circumstances such as the degree and frequency of the crime charged and the fact that the disciplinary punishment in prison has been imposed in this case.

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