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(영문) 인천지방법원 2017.06.23 2016고단5436
폭행
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 24, 2014, the Defendant was sentenced to eight months of imprisonment with labor by obstructing the performance of official duties at the Incheon District Court, and completed the execution of the sentence on September 12, 2015.

On June 13, 2016, around 23:00, the Defendant: (a) in the vicinity of the Dong-dong Incheon Metropolitan City, the Defendant thought that the victim B (61) was aboard a cab operated by the Defendant (61) and was at the destination to return to the road; (b) was making a temporary stop before the “E” located in the same Gu; (c) did a dispute with the victim who gets off from the taxi; (d) was sprinked with the victim’s flap; and (e) assaulted the victim by her hand twice the part above the part of the victim’s flap.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. An investigation report (the confirmation of the black stuffed images submitted by the victim);

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, and the application of Acts and subordinate statutes on the confirmation of crimes and the status of confinement during the period of repeated crimes;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area of the crimes of assault [the determination of the recommended area] Class 1 (Determination of the recommended area] [the scope of the recommended punishment] [the scope of the recommended punishment] from February to October [the person subject to general sentencing] - the aggravated factor: The aggravated factor: the repeated crime of this type, the criminal records of the same kind, which do not constitute the repeated offense (less than ten years after the completion

2. The Defendant stated in this court that the Defendant would not repent the wrong facts and will not repeat the crime.

These circumstances are favorable to the defendant.

However, the defendant has a past record of criminal punishment for about 20 times, and the past record of criminal punishment for the same kind of violent crime exceeds 10 times.

The Defendant committed the instant crime during the period of repeated crime that the Defendant should be aware of.

It was agreed with the victim or received a letter from the victim.

There are no circumstances to see.

The defendant has been designated after the pleadings have been concluded.

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