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(영문) 의정부지방법원 고양지원 2017.12.21 2017고단2642
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On August 13, 2015, the Defendant was sentenced to a two-year suspended sentence for the crime of bodily injury at Seoul Southern District Court, and on March 11, 2016, the Defendant was sentenced to a six-month suspended sentence for a violation of the Railroad Safety Act at the Seoul Central District Court on March 11, 2016, and on August 30, 2016, the said suspended sentence became effective upon the final judgment became final and conclusive on August 30, 2016, and completed the said suspended sentence on March 12, 2017.

[2017 Highest 2642]

1. The defendant of the assault is a victim E (78 years old) due to the repair of the elderly hall at the D Center located in Gyeyang-gu Seoul around 15:00 on July 21, 2017, the defendant of the assault.

“The victim,” and assaulted the victim by putting the victim’s breath with breath.

[2017 Highest 3145]

2. On July 22, 2017, the Defendant: (a) found in a room used by the victim G in Soyang-gu F for his/her residence around 15:00 on July 22, 2017, for the purpose that the victim and his/her family members reside without permission; and (b) found that the victim and his/her family members reside in the room without permission.

C. The expression “Epule” was taken and the photograph was taken, thereby infringing on the victim’s residence against the victim’s will.

3. The Defendant, at the time and place specified in paragraph 2, intrudes into the victim’s room without permission, and why is “the victim’s why it was unlawful”

"In doing so, at the same time, the victim assaulted the victim in a way that booms the victim's breath and salkes.

Summary of Evidence

[2017 Highest 2642]

1. Statement by the defendant in court;

1. Statement made by the police with regard to E [2017 senior group 3145];

1. Statement 1 of the defendant in court and statement 1 of the police in G [the previous record]

1. Written inquiry about criminal history, etc.;

1. A report on investigation (verification of the completion of execution) and the application of Acts and subordinate statutes concerning personal confinement;

1. Relevant provisions of the Criminal Act, Article 260 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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