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(영문) 서울남부지방법원 2020.07.23 2019고단2806
폭행
Text

A defendant shall be punished by imprisonment for four months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

[Criminal Power] On December 7, 2016, the Defendant was sentenced to four months of imprisonment with labor for the crime of interference with business at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern Southern District Court on April 6, 2017.

【Criminal Facts】

On March 22, 2019, at around 09:30, the Defendant assaulted the victim, such as drinking alcohol, etc., on the ground that the victim B (year 66) on the street of the Yeongdeungpo-gu Seoul Metropolitan Government residents' center for the residents of Yeongdeungpo-gu, Yeongdeungpo-ro 61-ro 17 did not return to the wheelchairs.

Summary of Evidence

1. Legal statement of witness C and D;

1. Before judgment: Application of criminal records, inquiry reports (A), investigation reports (period of suspect A violent force and repeated crime period), and confinement and inquiry reports, and other Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of violent crimes [Class 1] general assault (special multiple-speed persons] - mitigated factors: Where the degree of assault is minor, increased factors - the victim who is vulnerable to the crime, the victim who is vulnerable to the crime, the victim committed the same type of repeated crime [the scope of recommendations and recommendations] special aggravation area, April through February and three months [no general person].

3. The defendant who has been sentenced to criminal punishment shall have the record of being sentenced to 14 times or criminal punishment for violent crimes, such as assault, bodily injury, interference with business, etc.;

The punishment of a fine for the same kind of crime is repeated, and the punishment for the suspension of the execution of imprisonment was imposed on two occasions recently, and the crime of this case was committed again during the period of repeated crime.

The instant crime was committed against a victim who is a disabled person who lost one bridge and gets on a electric wheelchairs, and according to the records, the Defendant got the victim a wheel chairs in the subject of the subsidy granted in Ghana.

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