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(영문) 대구지방법원 서부지원 2018.08.14 2017고단2641
폭행
Text

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

Reasons

Punishment of the crime

On July 7, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for the crime of bodily injury in the Seo-gu District Court Branch of the Daegu District Court on November 4, 2016, and the said judgment was finalized on November 4, 2016.

On September 24, 2015, around 20:0, the Defendant assaulted the victim’s face at one time and one time to walk the victim’s part, on the ground that he did not take an examination with the victim C(49 years of age). On September 24, 2015, the Defendant assaulted the victim’s face at one time and one time to walk the victim’s part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D (the page 551 of the evidence record);

1. Statement protocol of the police statement regarding E (13 pages of evidence records);

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (Attachment of judgment of ex post facto concurrent crimes);

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 260 of the Criminal Act, and selection of imprisonment;

1. The latter part of Article 37 of the Criminal Act to deal with concurrent crimes: (a) the reason for sentencing under Article 39(1) is several criminal records of violence; (b) the defendant acknowledges and reflects his mistake; and (c) the crime of this case constitutes a single concurrent crime after Article 37 of the Criminal Act to consider equality with the case where the judgment is rendered at the same time as the crime of injury which became final and conclusive; and (d) comprehensively considering all the circumstances, including the fact that the content of the crime of this case is a simple assault, the background and degree of the crime, the degree of the crime, and the record of the crime, etc., the sentence is pronounced as ordered [Provided, That in the case where the defendant is detained separately (the Daegu District Court Decision 2018No 1966).]

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