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(영문) 수원지방법원 성남지원 2015.12.04 2015고단2065

폭력행위등처벌에관한법률위반(상습폭행)

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2014, the Defendant was issued a summary order of one million won for the crime of assault, etc. at the Sung-gu District Court's Sungnam branch on the following day. On April 21, 2014, the same court issued a summary order of three million won for the crime of obstruction of performance of official duties at the same court on the same day on April 21, 2014, and who has a habit of assault, such as the victim B (n, 46 years old), and the Defendant resides in C2 floor in Sung-gu, Sungnam-gu, Seoul, and the victim resides in the first floor of the same building.

At around 21:00 on August 3, 2015, the Defendant habitually, on the first floor of the building on which he had been dissatisfied with the issue of divorce with the ordinary child wife, and assaulted the victim by stating that “I have been divorced. I have failed to do so. I have failed to do so. I have been divorced. I have failed to do so. I have tried on the part of the victim once the victim's scam with his hand, and the plastic paper containing the plastic paper containing his hand. I have been on the chest of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

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 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The mitigated area of the crime of assault (Habitual, Habitual, Habitual, and Special Violence) [Special Mitigation] [Article 62(1) of the Criminal Act] (Article 62(1) of the mitigated area of the punishment (Article 4-1 and 2 of the Act), or where considerable damage was restored [Article 62(1) of the Act [Article 62(1) of the Act [Article 62(1) of the Act] [Article 62(1)(Article 6 of the Act](Article 62(1)(Article 6 of the Act](Article 6 of the mitigated sentence [Article 6(1)](Article 6 of the Punishment Act shall be mitigated](Article 4-1 of the Punishment