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(영문) 수원지방법원 여주지원 2014.12.08 2014고단515

폭력행위등처벌에관한법률위반(상습폭행)

Text

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

Reasons

Punishment of the crime

On April 12, 2013, the Defendant was sentenced to six months of imprisonment by the Suwon District Court for intimidation, etc., and completed the execution of the sentence in the Suwon Detention House on September 6, 2013.

In addition, on January 20, 2014, the Defendant received a summary order of KRW 3 million for the crime of injury at the Seoul Western District Court, and on May 30, 2014, the Defendant received a summary order of KRW 1 million for the crime of assault, etc. from the Suwon District Court, respectively, on 25 occasions.

Around 18:30 on July 19, 2014, the Defendant saw that the bus was immediately raised to the victim C (the age of 24) who was waiting for the bus at any time, after asking the victim C (the age of 24) who was waiting for the bus at the bus at the head of the bus stop in front of the e-mail-ro 151, the Defendant spited down two times on the face of the victim without any justifiable reason.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C Police statement;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report on the results of confirmation before and after disposition, and accompanying report, such as a copy of a summary order), and personal identification and confinement status;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the continuous and 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. Article 35 of the Criminal Act among repeated crimes (as such, there exists a previous offense of intimidation sentenced by the Suwon District Court on April 12, 2013)

1. Despite the fact that there are not less than 20 times the records of acts of violence with the same kind as the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., confession and reflection of a crime by the defendant), the crime of this case is again committed during the period of repeated crime, and spits or spits, etc. against a person who has committed an act without any particular reason due to the discovery of habituality.