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(영문) 대전지방법원 천안지원 2016.09.29 2016고정299
상습폭행
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 6, 2015, the Defendant was sentenced to a fine of KRW 5,000,000 for habitual injury in the Daejeon District Court's Branch of the Incheon District Court on August 6, 2015, and the same type of crime and investigation records are 27 times.

On November 22, 2015, the Defendant habitually sold the clothes of the Defendant to “O” in the name of the victim N (V, 37 years old), who is a disabled person of Grade III in a de facto marital relationship, at the home of the Defendant located in Seo-gu, Seo-gu, Seocheon-gu, 104 Dong 1302, Dong 1302, on November 22, 2015.

In the end, the victim assaulted the defendant, such as friend, friend, friend, friend, friend, and friend friend, friend, and friend, and friending the defendant by using the friend friend, and friending the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement concerning a protocol concerning the examination of the suspect of the N;

1. Statement of the investigation report; and

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. Relevant Article of the Criminal Act and Articles 264 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides that the defendant was guilty of the victim's back head in order not to take the victim's back head in the process of assault from the victim, but did not commit any act, such as blicking the victim or blicking the victim's back head as stated in the facts charged, and the defendant's act of blicking the victim's back head constitutes a legitimate act and thus, the illegality is dismissed.

However, the following circumstances acknowledged by each evidence of the judgment, i.e., (i) the police officer dispatched after receiving a report immediately after the occurrence of the case, and (ii) the victim committed assault, such as: (a) the defendant, by the floor of a lush hand, has taken back the victim's left her bucket, (b) the left back her back her, and

(b) a statement;

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