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(영문) 서울북부지방법원 2015.10.07 2015고단2693
폭력행위등처벌에관한법률위반(상습존속폭행)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From July 19, 199 to November 16, 2012, the Defendant was punished by imprisonment with prison labor for 6 months, suspension of execution two years, community service order of 80 hours, and probation two years, which became final and conclusive on July 19, 201 and are still under suspension of execution, and is a person who has a wall to commit violence as of August 19, 201, and is still under suspension of execution, due to a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Cheongju District Court's Assistance on August 8, 2014.

The defendant is a victim C (ma, 88 years of age)'s fourth parent.

On April 17, 2015, at around 00:00 on April 17, 2015, the Defendant fighting with her husband and wife with her husband in the residence of the Defendant in the previous Chungcheongju, and made a grass, such as finding her husband and wife at the family of the victim in Seongbuk-gu Seoul, Seongbuk-gu.

At around 06:00 on the same day, the defendant collected plastic cosmetics, etc. from the victim's house, and made the victim get nose in line with the victim's cocons, covered the victim with double fluor, and followed the body of the victim.

The Defendant continued to use a knife (30 cm in total length, 18 cm in length) which is dangerous things in the kitchen, with the words "sciffe and with the victim," and "siffe and with the victim," etc.

Accordingly, the defendant habitually assaulted the victim who is habitually in existence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Previous records of judgment: Inquiry reports and investigation reports (Attachment to the previous report, the written judgment, etc.);

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. The grounds for sentencing of Article 2(1)2 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 260(2) of the Criminal Act [the scope of recommending punishment] shall be the crime of assault;

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