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(영문) 서울북부지방법원 2014.12.11 2014고단3658

폭력행위등처벌에관한법률위반(상습폭행)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 10, 2001, the Defendant issued a summary order of one million won to a fine for a violation of the Punishment of Violence, etc. Act at the Seoul Northern District Court on December 10, 2001; on May 29, 2003, the Defendant was sentenced to a summary order of one million won for a crime of assault at the Seoul Northern District Court on December 15, 2005; on May 6, 2008, the Defendant was sentenced to a summary order of two million won for a fine at the Seoul Central District Court on May 6, 2008; on June 21, 2013, the Defendant was issued a summary order of two million won for a crime of assault; on November 1, 2013, the Defendant was issued a fine of five million won for a crime of assault, etc. by the Government of the Seoul Northern District Court on November 1, 2013; on March 1, 2014, Incheon District Court issued a summary order of two million won for a fine.

【Criminal Facts】

On July 28, 2014, at around 08:35, the Defendant: (a) ordered a “E” restaurant in Dobong-gu Seoul Metropolitan Government, where the victim D (V, 58 years of age) was an employee, to enter a “E” restaurant; and (b) ordered a drinking breab; (c) the victim formed a drinking breabbb; and (d) demanded refund by bringing the victim into the floor of the drinking breabbb.

Therefore, when the victim refused refund, the Defendant expressed a bath to “this Chewing ...”, and intending to go out of the restaurant, the Defendant added twice the back part of the victim’s timber due to his fingers, and again, “I would have to die. I would have to die.”

Therefore, when the victim restrains the defendant, the defendant was pushed down with dubage of the victim by hand, and blicked two times with the hand floor of the victim.

On July 28, 2014, the Defendant was arrested of a flagrant offender on suspicion of violence from a police officer called out after receiving a report at around 08:50 on July 28, 201, and was born to the back seat of the patrol vehicle, and again, the number of back copies of the victim on board the chief police officer at one time as his/her hand.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

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