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(영문) 수원지방법원 평택지원 2017.07.20 2017고단1217
폭행
Text

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

Reasons

Punishment of the crime

[criminal records] On February 1, 2012, the Defendant was sentenced to four years of imprisonment with prison labor for robbery in the Suwon District Court’s Sejong District Court’s House on August 4, 2015, and the execution of the sentence was terminated in the Daejeon Prison on August 4, 2015. On September 9, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for damage to public goods from the Suwon District Court’s Suwon District Court’s Suwon District Office, and the execution of the sentence was terminated in the Suwon Detention House on September 19, 2016.

[2] On June 14, 2017, the Defendant: (a) abused the victim’s head four times by hand on the ground that the victim CM (48 years old) drinks while drinking alcohol at the Pyeongtaek-si square located in Pyeongtaek-si 55, Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si around 2017; and (b) the Defendant expressed the victim’s desire for the punishment known to the Defendant.

"2017 Highest 1259"

1. On April 24, 2017, the Defendant assaulted the victim on the ground that the victim’s CO convenience store located in Pyeongtaek-si CN around around 20:00 and the victim’s CP (48 tax) was used to diveize and take a bath around the victim’s CO convenience store.

2. On June 9, 2017, the Defendant: (a) reported on June 9, 2017, around 09:05, that the victim CP (48 tax) was behind the sexual public security center located in Pyeongtaek-si-ro 55, and assaulted the victim by putting the victim’s head head knife with knife and booming the victim’s head knife on two occasions; and (b) assaulting the victim by twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of the police officer against the CP;

1. Statement by the police on the CM and the CP;

1. A written statement of CM;

1. Application of Acts and subordinate statutes, such as inquiries about criminal history, text of judgment, etc.;

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 for aggravated repeated crimes;

1. The instant case where: (a) 20 or more criminal records related to the act of violence, such as punishment of imprisonment due to robbery for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes; and (b) 20 or more criminal records related to the act of violence have been committed repeatedly during the period of repeated crimes; and (c) even if a fine was imposed twice on two occasions during the period of repeated crimes

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