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(영문) 인천지방법원 부천지원 2015.01.28 2014고단3259
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On November 30, 2011, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Incheon District Court on September 25, 201 and completed the execution of the sentence at a public prison on September 25, 2012.

【Criminal Facts】

1. On November 23, 2014, at around 04:10 on November 23, 2014, the Defendant assaulted the victim’s neck by brush and booming the victim’s neck, booming the victim’s brush, booming the victim’s brush, on the grounds that the victim’s brush, crushed from “D drans” operated by Kimpo-si, Kimpo-si, and crush the victim’s bru

2. The Defendant interfered with the business of the Defendant interfered with the victim C’s danran bar business by force by avoiding disturbance, such as her hairs, cups, beer, and spawn caused at the time and place specified in paragraph (1) without participating in the painting for the foregoing reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. A damaged photograph;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report meeting the requirements for aggravation of repeated crimes), application of statutes of judgment;

1. Article 260 (1) of the Criminal Act and Article 314 (1) of the Criminal Act that applies to the relevant criminal facts, the choice of punishment, etc.

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

1. From among concurrent crimes, the punishment of this case is not good in light of the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act and the circumstances and contents of the crime in this case. Considering that the Defendant committed the crime in this case with four times during the period of repeated crimes, the Defendant committed property damage, assault, violation of the Road Traffic Act (driving without license), violation of the Road Traffic Act (driving without license), interference with business, etc. even though he was sentenced to four times or more by a fine (including even if he was subject to a disposition not to institute a prosecution or a disposition not to institute a prosecution, the frequency of the crime is much more than the number of times), and the Defendant committed the crime in this case without any agreement with the victims, it is inevitable to sentence the Defendant.

Provided, That confessions and reflects by the defendant, and other matters.

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