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(영문) 서울중앙지방법원 2017.11.30 2017고단7206
폭행
Text

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

Reasons

Punishment of the crime

On October 6, 2017, around 20:30, the Defendant, in the vicinity of the Square in Seoul Central District, located in Seoul Central District, 1, took a bath without any reason to the victim D (55 years) who was living in his/her place, and assaulted the victim by drinking the body and face of the victim, making it possible for him/her to take part in his/her breast part in his/her hand, and destroying the victim's breast part by her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to D;

1. The reason for sentencing under Article 260(1) of the Criminal Code of the pertinent Article on criminal facts is as follows: (a) the Defendant, while drunk, breathed in front of the Seoul Station; and (b) used violence to the injured party, who is an elderly, without any reason.

In addition to those who have been punished 15 times by violence, such as a violation of the Punishment of Violences, etc. Act, a violation of the Act on the Punishment of Violences, etc., a crime of obstructing the performance of official duties, a crime of assault, a crime of damaging property, a crime of obstructing the performance of official duties, etc., the recent years of imprisonment with prison labor for a period of six months by obstructing the execution of official duties in the National Police Agency, on June 25, 201

7.3. The judgment became final and conclusive, and on April 13, 2017, a summary order of KRW 5 million was issued by the Seoul Central District Court to interfere with its business affairs, and on April 7, 2017, the Defendant at the Seoul Southern District Court rendered one time to view the victim without any justifiable reason in the subway platform on March 25, 2017.

In order to prevent recidivism, even though the crime of this case is prosecuted as an assault crime, the defendant will be sentenced to the punishment even in order to prevent recidivism.

In determining punishment, in addition to the above normal data, the following facts were taken into account: (a) the defendant was unable to compensate for the damage or receive a letter from the victim; (b) the victim was not in the location of the injury; and (c) the defendant led to the confession

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