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(영문) 수원지방법원 2017.06.22 2017고단1279
폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 27, 2016, the Defendant: (a) committed assault against the victim when the victim D (20 years old) and the bus seat seated in the city bus that passed in front of the hospital located in the wife population C in Yong-si around 19:07 on December 27, 2016; and (b) assaulted the victim by driving his hand on several occasions.

Summary of Evidence

1. Statement made by the police against D;

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes on CCTVs for buses and CCTV images for buses;

1. The applicable legal provisions for criminal facts, Article 260(1) of the Criminal Act for the selection of punishment, the grounds for sentencing of punishment [the scope of recommendation] [the scope of recommendation] for the basic area (two to ten months) for the type 1 of the crime (general assault) [no person subject to special sentencing] [the range of sentence comparison between the applicable sentencing range and the recommended sentencing range: February to October [the decision of sentence] is not between February and October.

However, there are not only seven previous crimes punished for the same crime (the crime of injury, assault, etc.), but also seven previous crimes were sentenced to suspended execution due to the crime of injury, and the crime of injury was committed again during the suspended execution period, and a fine of KRW 2 million was imposed on September 22, 2016, and the crime of this case was committed again during the suspended execution period.

In addition, the crime is not against the law.

It is inevitable to strictly punish the defendant.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be comprehensively determined as per the disposition.

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