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(영문) 대구지방법원 서부지원 2016.01.21 2015고단1637

폭력행위등처벌에관한법률위반(상습폭행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a fine of KRW 300,000 on January 12, 2010 as a crime of property damage in the Seo-gu District Court Branch Branch of Seo-gu District Court on September 15, 201, a fine of KRW 1 million in the above court on September 15, 2010, a fine of KRW 500,000 as a crime of property damage in the above court on December 1, 201, a fine of KRW 1 million in the above court on December 5, 201, a fine of KRW 3 million as a crime of property injury in the above court on December 19, 201, a fine of KRW 1 million as a crime of property injury in the above court on May 21, 201, a fine of KRW 1 million as a fine for the above court on May 6, 2013, and a person who was sentenced to a fine of KRW 300,000 on December 16, 2014 by the above court on assault.

On October 5, 2015, at around 17:30, the Defendant stated that “C cafeteria” in Seo-gu, Daegu, would be drunk, and the Defendant would be demanded by the restaurant principal to request other customers to take a trial fee, and would then be asked by the restaurant principal, the Defendant sent the victim D (60 years of age) who was the customer who was the customer of the restaurant, “Irri, Irri, Irri, Irri, Irri, Irri, Irri, and the victim expressed the victim’s face and neck on several occasions by the defective hand of the report in 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on occurrence of a crime of violence and voluntary accompanying of a suspect;

1. Previous conviction: A written reply to inquiry, such as criminal history;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime and the method of crime;

1. Relevant Article 264 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture is that the defendant was punished more than twice for the same crime, and in particular, even if the defendant was punished two times for the same crime within the last one year, the defendant's liability for the crime of this case is heavy.

However, it appears that the defendant led to the confession of the crime and the attitude against the defendant, and the assault and violence of the defendant.