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(영문) 서울서부지방법원 2020.10.28 2020고단2441

상습존속폭행

Text

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

Reasons

Punishment of the crime

On May 21, 2020, the Defendant was sentenced to a suspended sentence of one year and six months in Seoul Western District Court for a crime of intimidation against special lineal ascendants, and the judgment became final and conclusive on May 29, 2020, and is currently under suspended sentence.

The Defendant, as the children of the Victim B (year 71), was sentenced to the suspended sentence of the above imprisonment and was under the influence of alcohol after being released, had repeatedly committed assault, such as the victim’s face and walking on the bridge.

1. On June 6, 2020, around 11:00 on June 6, 2020, the Defendant assaulted the victim, such as: (a) the Defendant, under the influence of alcohol, was under the influence of alcohol, who expressed that the Defendant would have a great sound and bath; and (b) the Defendant, “I see why I am fright, and why I am fright, I am back, I am fright, and walk the victim’s mouth.”

Accordingly, the defendant habitually assaulted the victim who is a lineal ascendant.

2. Around July 10, 2020, the Defendant: (a) 15:00 on July 10, 2020, the Defendant: (b) expressed that “the victim may report to the police at the seat of the victim”; (c) expressed the victim’s desire that the victim “the victim would be able to report to the police at the seat of the driver”; and (d) took the victim’s bucks in the same place on the same day at around 20:0 on the same day; and (c) 20:0 on the same day, while taking the bath, bucks of plastic bottles on the part of the victim while walking the victim’s face; and (d) took the victim’s breast, she assaulted the victim, such as taking the victim’s chest on the part of the victim’s chest.

Accordingly, the defendant habitually assaulted the victim who is a lineal ascendant.

Summary of Evidence

1. Protocol of the prosecutorial statement B concerning the witness B's legal statement;

1. Protocol of the police statement concerning B;

1. B written statements;

1. 112 reported case handling table;

1. Damage photographs;

1. Previous convictions in judgment: Criminal records and references;