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(영문) 서울중앙지방법원 2021.03.02 2020고단3728
폭행
Text

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

Reasons

Punishment of the crime

On May 1, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. at the original branch of the Chuncheon District Court on March 13, 2020, and the execution of the sentence was terminated on March 13, 2020. On January 28, 2021, the same court was sentenced to two years and six months of imprisonment with prison labor and a fine of three hundred thousand won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on February 5, 2021.

The Defendant, on May 14, 2020, 200, 1:3:5:00, 200, she well sees the victim B ( South, 39 years old) and the victim C ( South, and 46 years old) from the subway No. 1, the Seoul Jung-gu, Seoul, Seoul, Seoul, and 1:5 years old, she was her end in the Seoul Station and she was her life at other places.

At the same time, the victim reported to the police at the same place of 20:10 on the same day and received a warning from the police officer who called the victim B at the same place, but the victim was able to take the face of the victim B and used the head of the above victim C to take the victim's chest on his/her hand, and used the victim's chest to take the victim's chest on his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements made by the police in relation to C and B;

1. Previous convictions: Inquiry letter, personal acceptance status, report on the result of confirmation of the previous convictions of the disposition, each written judgment, application of the search Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes has many records of punishment, including the same criminal records, and the defendant again commits the crime of this case during the period of repeated crimes. However, the defendant committed the crime of this case.

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