폭력행위등처벌에관한법률위반(상습폭행)
The prosecution of this case is dismissed.
1. The summary of the facts charged was issued by the Defendant at the Seoul Southern District Court on May 6, 2009 with a summary order of KRW 300,000 as a result of a violation of the Punishment of Violence, etc. Act (joint assault), on June 23, 2009, upon the issuance of a summary order of KRW 700,000 as a result of an assault on June 23, 2009; on August 11, 2009, upon the issuance of a summary order of KRW 500,000 as a result of an assault on November 23, 2010; on January 27, 201, after being sentenced to a fine of KRW 500,000 as a result of an assault on January 28, 201; on the issuance of a summary order of KRW 500,000 as a fine of KRW 500,00,000 as a total of the assault on December 5, 2011.
On May 28, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for obstruction of performance of official duties in Seoul Southern District Court on June 5, 2013, and the judgment became final and conclusive on June 5, 2013, and is currently suspended.
On July 12, 2014, at around 00:30 on July 12, 2014, the Defendant called “after the end of the business hours” to the Defendant under the influence of alcohol, the Defendant: (a) called “after the end of the business hours”; and (b) carried the victim’s head into the breath, pushed the victim’s head, pushed the victim’s head, cut the bat, cut the victim’s head, cut the bat, cut the victim’s head, cut the bat, cut the victim’s head, fat, etc. by drinking.
Accordingly, the defendant habitually assaulted the victim.
2. Determination
A. Habituality under Article 2(1) of the Punishment of Violences Act refers to all criminal acts listed in each subparagraph of the same paragraph, and the existence of habituality shall be determined by comprehensively taking into account all the circumstances, such as the Defendant’s age, character, occupation, environment, fact-finding, motive, means and place of the crime, time interval with the crime committed before, and similarity with the contents of the crime.