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(영문) 수원지방법원 안양지원 2020.04.28 2020고단458
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】

1. On March 31, 2017, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. in the Daejeon District Court Branch of the Daejeon District Court, and on August 7, 2019, the Defendant completed the execution of the sentence.

2. On April 3, 2020, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Suwon District Court’s Ansan Branch on April 3, 202 and was finally decided on April 10, 202.

【Criminal Facts】

1. On February 19, 2020, the Defendant used violence against the victim B on February 12:13, 2020, in front of the first accommodation of the Inyang Prison No. 42, a 508-gil-hon-hon-hon-hon-hon-kon-hon-hon-kon-hon-kon-kon-hon-kon-kon-kon-kon-kon-kon-kon-kon-kon-kon-kon-kon-kon-kon-kon-k

Accordingly, the defendant assaulted the victim.

2. Around 12:18 of the same day as above, the Defendant committed assault against the Victim C at around five faces of the Victim C (years 65) by drinking left hand on the ground that the Defendant would be bad, in the waiting room for psychological and treatment of the Ayang Prison, and on the ground that he would be bad.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. B and C respective documentary evidence photographs;

1. Application of Acts and subordinate statutes of each service report;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of the concurrent crimes, the scope of assault due to each of the instant crimes on the grounds of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (aggravating concurrent crimes with a victim C) is relatively minor. However, from 2004 to 2020, the Defendant has been subject to several times punishment for violent crimes and habitual larceny crimes, and the first head of the relevant criminal facts in its holding, even though he was discharged from prison and was still serving for repeated crimes, is detained in prison.

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