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(영문) 서울중앙지방법원 2020.01.07 2019고단7237
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On October 19, 2016, the Defendant was sentenced to one year and two months of imprisonment by assault, etc. at the Gwangju District Court on May 12, 2017, and completed the execution of the sentence. On January 5, 2018, the Defendant was sentenced to one year of imprisonment by assault, etc. at the Gwangju District Court Branch Branch, and completed the execution of the sentence on June 5, 2018.

【Criminal Facts】

On October 21, 2019, the Defendant, around the Seocho-gu W hotel and around the victim X (the age of 49) in front of the Seocho-gu W hotel on October 21:55, 2019, brought an assault to the victim’s kn's kn's kn's kn's kn's k

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against X;

1. A criminal investigation report (to submitCCTV images);

1. Investigation report (Submission of a written diagnosis of injury to a victim);

1. Photographs of the victim's body;

1. Previous records of judgment: Application of Acts and subordinate statutes to the acceptance status of individuals bound in the inquiry records on criminal records and the records of public trial;

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 among repeated offenders;

1. Scope of punishment by law: One month to two years;

2. Aggravation of the punishment according to the sentencing guidelines (decision of type) for violence crimes: Extent of recommendation [Article 1] for general violence [Special Aggravation]: In the area of aggravation [excluding the category of repeated crimes in six categories] for the same repeated crimes (excluding the category of repeated crimes in the same type] [the area of recommendation and the scope of recommendation] for aggravated punishment, April through June of imprisonment;

3. Determination of sentence: Imprisonment with prison labor for a period of four months: The crime of this case was committed by the defendant on the ground that the victim expressed his/her desire to commit the crime of this case by assaulting the victim's cocon part by drinking his/her finger.

As a result, the victim suffered from the injury, such as the pelvise, and the damage was not recovered, so the criminal liability of the defendant is not weak.

Furthermore, since the defendant is serving several times of punishment for the same crime, and has not been aware of the period of repeated crime, and again committed the crime of this case, it is necessary to punish the defendant strictly.

The defendant recognizes a mistake and reflects it.

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