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(영문) 서울북부지방법원 2020.09.10 2020고단1507
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and four months and two months in Seoul High Court for violation of the Punishment of Violences, etc. Act. On July 26, 2019, the Defendant completed the execution of each sentence in the Chuncheon Prison.

【Criminal Facts】

On April 7, 2020, at around 21:45, the Defendant committed violence against the victim's her her son, by discovering the victim D (at the age of 51) in front of Seongbuk-gu Seoul, and by creating the victim's her son's son's son's son's son's son's son's son's son's son's son's son's son'

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (verification ofCCTV video images) and a photograph of the closure of CCTV video images (on the face of a pan-section);

1. Previous convictions: Criminal records, investigation reports (crimes during the period of repeated crimes), personal confinement status, application of statutes of the judgment;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of punishment by law: One to four years of imprisonment;

2. Aggravation of the punishment according to the sentencing guidelines (decision of types of punishment) for violence crimes: General violence [Class 1] (excluding the types of repeated crimes in the six categories): Aggravation area of the same repeated crime (excluding the category of repeated crimes in the six categories): Aggravation area of increased punishment (excluding the recommended area and the scope of recommendation), April through June of the imprisonment;

3. Determination of sentence: A court confinement and sentence against the defendant shall be deemed inevitable in light of the following circumstances: (a) although four months of imprisonment for the crime of this case was favorable for the defendant to confession and reflect in depth; (b) it is difficult to deem the quality of the crime to be light in light of the method and consequence of the crime of this case; (c) the victim wishes to punish the defendant; (d) the victim is a criminal committed during the period of repeated crime due to the same kind of crime; and (e) the defendant was punished by imprisonment with prison labor or a fine due to the outbreak of the same kind of crime in the past.

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