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(영문) 수원지방법원 성남지원 2016.01.15 2015고단2460

폭력행위등처벌에관한법률위반(상습폭행)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 26, 2010, the Defendant was issued a summary order of KRW 2 million for each of the crimes of violation of the Punishment of Violences, etc. (joint injury) in the Sungnam Support by Sugwon, which was sentenced to a fine of KRW 3 million for the same crime on October 17, 201, a fine of KRW 500,000 for the same crime from the same support on January 10, 2012, and a fine of KRW 2 million for the same crime of violation of the Punishment of Violences, etc. (joint damage) in the same support on January 10, 2012, and on September 27, 2013, the Defendant was sentenced to a suspended sentence of two years for each of the crimes of violation of the Punishment of Violences, etc. (joint injury) in the same support on September 27, 2013 and was issued a fine of KRW 200,000 for each of the crimes of violation of the Punishment of Violences, etc. (joint assault) from the same support on February 17, 2014.

At around 02:30 on October 14, 2015, the Defendant habitually assaulted the victim’s face with the hands-on floor at the “E amusement shop” located in Seongbuk-gu, Sungnam-si, Sungnam-si, with no reason, at the time of alcohol to the victim F (28 tax) who is an employee under the influence of alcohol, without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Records of judgment: Results of inquiry or written judgment;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing the habition of violence in light of the records of each crime, the number of crimes, and the repeated crimes of the same kind in the judgment;

1. As to the pertinent Article of the Criminal Act and Articles 264 and 260(1) of the Criminal Act’s choice of punishment, the prosecutor rateed pursuant to Article 2(1) of the Punishment of Violences, etc. Act. However, this provision was repealed by Act No. 13718, Jan. 6, 2016, and thus, is subject to habitual assault under the Criminal Act.

The reason for sentencing sentencing of imprisonment with prison labor

1. Scope of the recommended punishment according to the sentencing criteria;

(a) Class 6 (Habitual, repeated, and special assault) of the mitigated area (from April to February);

(b) Persons who are specially mitigated: Those who are not subject to punishment;

2. The decision-making defendant acknowledges the crime of this case and is the victim.