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(영문) 서울중앙지방법원 2019.04.30 2018고단5721
폭행
Text

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

Reasons

Criminal facts

On January 12, 2018, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Seoul Western District Court (Seoul Western District Court) and completed the enforcement of the sentence on July 10, 2018. On January 17, 2019, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the same court. The said judgment became final and conclusive on January 25, 2019.

On August 2, 2018, at around 10:30 on August 2, 2018, the Defendant: (a) sealed the victim B (bee 69 years of age) who intends to sit in the seat in the government-driving train of the Seoul subway No. 1, and sited in the seat; (b) heard the horses “whether or not a person is” from the victim; (c) taken a bath, take a bath, and assaulted the victim’s face by drinking.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

2. The police statement concerning B;

3. Previous criminal records as stated in a criminal report: Criminal records and the application of applicable statutes of each judgment.

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

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

3. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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