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(영문) 울산지방법원 2020.03.26 2020고단250
폭행
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

[Criminal Power] On May 11, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. at the Changwon District Court on September 5, 2018, and completed the execution of the sentence in the Busan Correctional Institution.

【Criminal Facts】

On November 14, 2019, at around 20:30, the Defendant: (a) returned home to the victim, and (b) took a look after calculating the amount of food and drink to the victim, and (c) took a look at a dispute with the victim who again received a scambling money, and (d) took part in a dispute with the victim who gets scambling to the victim; (b) tried to flee in the same place, the Defendant scam the victim’s head on several occasions; (c) scambling the finger of the victim to the victim; and (d) scam the victim’s face to the victim, and (d) scam the victim’s finger to the outside of the place, and scambling the victim’s face to the victim.

The defendant continued to drink the alcohol by the victim E (ma, 57 years of age) who is a customer of D, and observed the above fat, and fatd the fat of the victim and the defendant.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of C and E;

1. Photographs of damaged parts;

1. Investigation report (to hear the F statements of witnesses);

1. Previous records: Results of the search of prisoners and the application of Acts and subordinate statutes concerning criminal records;

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. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are recognized and the accused are divided.

However, despite the fact that the Defendant had been punished eight times due to violence and obstruction of business, etc., and even during the period of repeated crime, the Defendant was under investigation and trial by committing a crime, such as interference with business similar to the restaurant, etc. under the influence of alcohol twice during the period of repeated crime, he again committed the instant crime.

In spite of being punished by imprisonment, drinking is limited.

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