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(영문) 춘천지방법원 속초지원 2016.11.11 2016고단192

상습폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 23, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for special intimidation, etc. at the early branch of the Chuncheon District Court on March 23, 2016; on December 24, 2015, the same court was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, etc.); on April 2, 2016, the execution of the sentence was terminated at the Chuncheon Prison on August 14, 2013; on October 11, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, etc.); on March 29, 2011, the Defendant was sentenced to imprisonment with prison labor for a total of 0 months and 3 million won for obstruction of the performance of official duties, and was sentenced to a fine of 0,000 won for obstruction of the performance of official duties.

피고인은 상습으로 2016. 4. 12. 01:35경 속초시 B에 있는 C편의점에서 손님으로 들어 온 피해자 D(19세)이 그곳에 설치된 전자렌지에 햄버거와 샌드위치를 데우는 모습을 보고 아무런 이유 없이 시비를 걸고, 피해자로부터 경찰에 신고를 하겠다는 말을 듣게 되자 “신고해도 된다. 남자들끼리 일대일로 붙자”라고 말하면서 오른손으로 피해자의 왼쪽 이두근 부위를 1회 세게 잡아당기고, 계속해서 “씹새끼야, 개새끼야 짱깨새끼야. 나 해병대 나왔다.”라고 말하면서 왼쪽 주먹으로 피해자의 오른쪽 옆구리를 1회 쳤다.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (Attachment of the same type of power and personal confinement records), judgment and personal confinement status, respectively, shall be applicable to each of the Acts and subordinate statutes of one copy;