폭력행위등처벌에관한법률위반(상습폭행)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
From July 19, 199 to November 16, 2012, the Defendant is a person who had a habit of an act of violence, one time before and after the second assault, one time before and after the last assault, one time before and after the last assault, one time before and after the last assault, one time before and after the last assault, violation of the Punishment of Violences, etc. Act (Habitual assault), one time before and after the second assault, and one time after the second assault, and has a habit of an act of violence.
On August 13, 2013, the Defendant: (a) around 21:23, on the grounds that the “Ecafeteria” of the victim D’s operation located in Chungcheongnam-si, Chungcheongnam-si did not hear the victim’s desire from the victim; (b) caused the victim’s knife to the knife with the knife of the knife from the back of the victim; and (c) caused the victim’s knife at one time.
Accordingly, the defendant habitually assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Damage photographs;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;
1. Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The decision not to punish a person who has been sentenced to punishment in the mitigated area (from April to January 1) of Class VI (Special Violence) of the Punishment of Violences, etc. Act in accordance with sentencing guidelines for the reasons of sentencing under Article 62-2 of the Criminal Act of probation and community service order [the scope of recommendation] of the punishment of a person who has committed a single crime including a defendant's imprisonment for six months, suspension of execution, two years, probation, community service, 80 hours (unfavorable circumstances] although there are several criminal records including the defendant's punishment, the fact that he/she committed a single assault against the victim without any reasons [fried circumstances], the fact that he/she committed a single assault against the defendant [fried circumstances], the fact that he/she has agreed with the victim [other], the fact that the defendant's age, character and behavior, occupation, family environment, etc. has been recorded in the records.