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(영문) 대구지방법원서부지원 2020.09.23 2020고단2689
폭행
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Criminal Justice] On July 12, 2018, the Defendant was sentenced to one year of imprisonment for a crime of intrusion upon residence in the Sungnam Branch of Suwon District Court on July 12, 2018, and completed the execution of the sentence in the Busan Correctional Institution on June 8, 2019.

【Criminal Facts】

The Defendant and the Victim B (Nam, 66 years old) together lived in the Daegu Prison C Office located in 2624, the luxa Eup in the Daegu-gu Seoul Special Metropolitan City.

On June 28, 2020, at around 06:15, the Defendant told the Defendant to transfer the coffee in which the victim is placed on the window of the Defendant, and assaulted the victim when considering both hand when considering the victim’s head and face part of the victim’s hair and face part of the victim’s body and face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, D, and E;

1. Each investigation report (the sequence 7,9 of evidence lists);

1. Criminal records as stated in the judgment: Criminal investigation records, data investigation records, investigation reports (Evidence Nos. 13), copies of the judgment (Evidence No. 20), and application of Acts and subordinate statutes to the status of confinement of individuals;

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

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is that the victim living in the same ward stated that he/she would transfer a coffee to the defendant, and it is not good that the victim physically abused the victim.

Not only has a history of criminal punishment due to an act of violence, etc. in the past but also has a high possibility of criticism in that the Defendant committed such a crime without being aware of the fact that he/she was sentenced to imprisonment as stated in the judgment of the court.

The victim was not able to be able to receive from the victim.

In light of these points, the sentence of imprisonment for the defendant is bound to be sentenced.

However, the defendant recognizes the facts of crime and repents.

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