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(영문) 인천지방법원 2020.04.23 2019고단7793
항공보안법위반
Text

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

Reasons

Punishment of the crime

[criminal power] On March 21, 2018, the Defendant was sentenced to one year and two months of imprisonment for violating the Aviation Security Act at the Seoul Southern District Court on March 21, 2018. On November 30, 2018, the Defendant was sentenced to two months of imprisonment with prison labor for the obstruction of performance of official duties at the wooden Branch of the Gwangju District Court, and completed the execution of each of the above punishment on April 19, 2019.

【Criminal Facts】

No passenger shall assault any third person on an airplane to ensure the safe flight and travel of the airplane and passengers.

At around 04:00 on September 7, 2019, the Defendant, at the Jung-gu Incheon International Airport No. 272 Incheon International Airport No. 1 Passenger Terminal No. 43, 272, and the Defendant assaulted the Defendant on one hand at the right side of the victim D (D, n, 32) who is the head of the office in the flag, on the ground that the crew, despite his/her request, brought the lebane to the chemical, and the service of the airline is not satisfactory, on the ground that the service of the airline was not satisfactory.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Photographs of the victim's body of assault;

1. Previous records of judgment: Criminal history records, and each investigation report (including confirmation of crimes during the period of repeated crimes against defendants and attaching judgments related to the violence of defendants) (including attached judgments) shall be applied;

1. Articles 46 (2) and 23 (2) of the Aviation Security Act concerning facts constituting an offense;

1. It is recognized that the defendant's reason for sentencing Article 35 of the Criminal Act is against the criminal intent of repeated crime.

However, in light of the fact that the defendant not only has the record of being punished for several violent crimes, but also has committed the crime of this case even though he has committed a repeated crime for the same kind of crime, but also has been under detention without attending the court date, it is inevitable to punish the defendant significantly.

All such circumstances and other factors as the defendant's age, character and conduct, family relationship, the background and method of the crime of this case, and the circumstances after the crime are committed, shall be determined as ordered by considering the various factors of sentencing as shown in the oral proceedings.

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