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(영문) 부산지방법원 서부지원 2018.11.13 2018고단230
폭행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On August 7, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Busan District Court, and on January 14, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor due to an injury, etc. at the same court, and completed the execution of the sentence on November 11, 2016 at the smuggling detention center.

[2] On January 18, 2018, the Defendant, at around 04:08, 04:08, she spawed with female-child-child boomed with an O restaurant located in N in Busan Northern-gu, and she spawd the victim P (32 32 h) who she spawd with the victim’s head spawd with the victim’s spawd with the victim’s spawd with the victim’s head spawd with the second hand, and used the victim’s face on one occasion with his/her hand, and used the victim’s head spawd with the victim’s head.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on P;

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as criminal history, written inquiries, investigation reports (where such previous decisions and personal confinements are attached);

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The basic area (from April to October) of the 6th basic area (including special sentencing factors) of the crime of assaulting against the recommended punishment according to the sentencing guidelines (excluding the types of repeated assault against the six types) / Where the punishment is not suspended (including serious efforts to recover damage), or considerable partial damage has been restored / The same repeated offense (excluding the types of repeated assault among the six types);

2. The crime of this case, which was determined to be sentenced, is to display the head of the victim who could suffer serious injury when the defendant brutally emblings that are dangerous things at the end of the minor end of the trial. In light of the method of the crime, the nature of the crime is not good, and the defendant not only committed the crime of this case during the repeated offense period due to the same crime but also punished to the defendant for the same crime.

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