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(영문) 인천지방법원 2018.11.09 2018고단5161
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On November 6, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on April 16, 2016.

[2] On July 4, 2018, the Defendant assaulted the victim, etc. on one occasion, on the ground that the victim D (V, 61 years of age) was not in front of the Bupyeong-gu Incheon apartment B apartment building C, Bupyeong-gu, Incheon, Incheon, and that he did not take a line of care of the victim D (V, 61 years of age) at ordinary times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation:

1. Previous convictions in judgment: Application of a reply to inquiry about criminal history and the current expropriation status of each individual;

1. Relevant Article 260 (1) 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. Scope of the recommended punishment according to the sentencing guidelines [the type of determination] of the recommended punishment [the scope of the recommended punishment] basic area [the scope of the recommended punishment] [the scope of the recommended punishment]] from February to October [the general sentencing person] - The mitigated factors: Serious reflective factors - The aggravated factors: The criminal records of the same kind of punishment that do not constitute repeated crimes and repeated crimes (the period of less than ten years after the completion of the execution)

2. The Defendant’s crime of determining the sentence was brought about on the ground that the victim does not take a flat line. In light of the circumstances that the victim could have taken part in the part of the victim, such as the victim, on the ground that he did not take the line, and the victim could have taken the stairs from the Defendant’s assault in the course of leaving the stairs after vising the Defendant, it cannot be deemed that the Defendant’s crime of this case is less likely to inflict physical harm on the victim, and thus, the Defendant cannot be deemed to have taken the responsibility for such crime.

The defendant has a past record of criminal punishment of 43 times, including the three-time criminal records and three-time criminal records of suspended execution, which led to 33 times of criminal records due to violent crimes.

The defendant has reached an agreement while being investigated into a suspected crime of violence, etc. and is subject to a disposition that has no authority to prosecute at the prosecution.

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