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(영문) 부산지방법원 2017.05.12 2017고단1552
폭행
Text

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

Reasons

Punishment of the crime

On April 17, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Busan District Court, and on February 14, 2015, the execution of the sentence was terminated at the Port Correctional Institution.

At around 08:20 on October 14, 2016, the Defendant assaulted the victim nine times from that time to October 24, 2016, as shown in the list of crimes attached to the annexed crime list, on the ground that the Defendant, at the Cheongju prison located in the Cheongju City, Seo-gu, Seo-gu, 1887, 187, and the victim D (56) (56) was fluor, who was fluored by the first hand, was fluording the fluor of the victim, and the Defendant fluordddd the victim nine times from that time, on the ground that he was fluording the fluor of the victim's fluor, fluor, chest, and fluor.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by each special police officer with respect to E, F and G;

1. Investigation report (No. 26 No. 5 of the evidence list);

1. Previous convictions in judgment: Application of the Act and subordinate statutes of investigation report (No. 29 of the evidence list);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to each of the above crimes):

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The ultimate objective of the correction is to re-satise that makes criminal offenders abide by the law and return to society by ordinary citizens.

In addition, re-socialization includes active meaning so that prisoners can maintain balance in the mutual relationship between individuals and communities and live with personality that can fulfill their responsibility for life and community.

In this regard, the number of prisoners' crimes in correctional institutions increases each year, and the proportion of violent crimes exceeds 60%.

If the present state of a correctional institution is a crime, it is impossible to achieve re-socialization which is the ultimate objective of the correction, and violence in the correctional institution is likely to be concealed due to the structural characteristics of the correctional institution.

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