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(영문) 수원지방법원 안산지원 2019.02.19 2018고단4527
상습폭행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Justice, etc.] On August 31, 2017, the Defendant is a person who was sentenced to imprisonment with prison labor for one year for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Suwon District Court’s Ansan Branch and was sentenced to imprisonment with prison labor for a crime of violence, etc., and was sentenced to imprisonment with prison labor for not less than 17 times on October 19, 2017 for a crime of assault, etc., by receiving a domestic protection case from the same office on February 27, 2018 to the same office.

【Criminal Facts】

At around 03:00 on December 13, 2018, the Defendant: (a) 03:00, the Defendant took a bath to the wife D (W, 50 years of age) who was under the influence of alcohol and was under cleaning without any reason; (b) was able to take the head debt of the victim who was under the influence of alcohol; (c) was able to take the head debt of the victim who was under the influence of care without any justifiable reason; and (d) was able to walk the victim’s side interest due to the Defendant’s birth; and (e) was sent by the E/F police box at Sinsi, E/F police box at around 09:50 on the same day, and was arrested and investigated as a flagrant offender due to the said assault, on the ground that the victim reported to the police; and (e) was able to take the victim’s face.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (in-house CCTVs), CCTV video CDs;

1. Previous records of judgment: Criminal records, such as investigation reports, records of the same kind of power, transfer cases of home protection cases, judgments of the same kind, opinions of resignation, 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 fact that the same kind of crime has been continuously repeated;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act does not keep the accused from drinking out.

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