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(영문) 의정부지방법원 고양지원 2021.02.03 2020고단3225
폭행
Text

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

Reasons

Punishment of the crime

On October 25, 2019, the Defendant was sentenced to one year of imprisonment for the crime of violence and other crime of violence at the Goyang Branch of the District Court, and completed the execution of the sentence on March 24, 2020.

The Defendant of the 2020 Highest 3225, Oct. 28, 2020, the Defendant “whether or not the head of the management office,” in relation to the case under a trial at the office of the building management in the Seo-gu, Seoyang-gu, Busan Metropolitan City on Oct. 28, 2020.

“Arreshed.”

A victim D (son, 45 years of age) who had been located there, this defendant "I am friend a friend."

The Defendant expressed that “the victim who reported shall collapse,” and assaulted the victim on the part of his hand by breaking the victim’s left knick, and by walking the victim’s left knick, the victim’s left knick, and by walking the victim’s left knick.

around 12:46 October 2020, the Defendant tried to communicate with C, which is the head of the management office, with respect to a case under trial at the above B building management office, but assaulted the victim by hand on the ground that the victim D ( South, 45 years old) interfered with this conversation.

Summary of Evidence

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (verification of the period of repeated crime of a suspect), two copies of the judgment, and one copy of the personal confinement status"in 200, 3225;

1. Partial statement of the defendant;

1. Details of 112 reported photographs damaged by each legal statement of witnesses D, C, and E, 2020 order 3291;

1. Partial statement of the defendant;

1. A medical certificate submitted by a witness D or C to a victim of damage caused by each legal statement;

1. Application of the CDA-TV Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Each crime of violence [the type] / [the Class 1] general assault [the person subject to special sentencing] aggravated elements: motive for the crime, the same repeated crime [the territory of recommendation and the scope of punishment].

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