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(영문) 대구지방법원 2018.01.11 2016고단5734

상습폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On January 15, 2016, the Defendant was sentenced to eight months of imprisonment for habitual assault, etc. at the Daegu District Court, and the execution of the sentence was terminated on May 23, 2016. On October 30, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the same court as an injury crime, and on February 12, 2013 at the Seoul Southern District Court, the Defendant was sentenced to ten million won of imprisonment with prison labor for an injury, etc. at the Seoul Southern District Court. On December 17, 2012, the Defendant was sentenced to four hundred million won of fine as an assault crime, and the same year was sentenced to a fine by the same court as of December 17, 2012.

7. 23. A fine of two million won in the same court for the same crime, etc., and the same year.

4. The same court was sentenced to a fine of one million won as an injury crime. On January 27, 2012, the same court was sentenced to two years of imprisonment and three years of suspended execution due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.). On May 3, 2010, the Seoul Northern District Court issued a summary order of one million won as an injury crime; on April 5, 2010, the summary order of KRW 500,000 as an assault crime; and on December 4, 2009, the same court received a summary order of one million won as a fine for an injury, respectively.

[2] On September 1, 2016, the Defendant: (a) expressed in D that the victim C (49 tax) operated in Yongcheon-si B on September 22, 2016; (b) on the ground that it was difficult for the victim to have changed the amount of credit before, the Defendant expressed in his/her bath that “the victim’s injury was changed; (c) the victim’s breath was bread by hand once, and the victim’s injury was two times due to her head; and (d) the victim’s breath part was the victim’s breath because of tobacco that the Defendant was faced.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A report on investigation (to hear statements from victims and witnesses);

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (verification of the past record of the same type of crime and the fact that the period of repeated crime is in progress);

1. Habituality of judgment: Recognition of dampness in light of the records of each crime, the number of crimes, the frequency of crimes, etc. as indicated in the judgment;