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(영문) 수원지방법원 안산지원 2020.06.05 2020고단958
상습폭행등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal record] The Defendant was a person who had served ten times on November 27, 2012 with ten times as domestic violence, such as receiving a summary order of KRW 500,000 as an assault crime, from the Suwon District Court’s Ansan Branch.

【Criminal Facts】

1. At around 04:20 on November 2, 2019, the Defendant habitually abused the victim D (the age of 32) who was found at the building B at Sinung-si, the Defendant’s home, and the Defendant’s home of heading C, was living together in the victim in the middle of 26 cm in length (the total length, 26 cm in length, 12 cm in length).

Accordingly, the defendant habitually assaulted the victim.

2. The Defendant violated the Child Welfare Act (child abuse) stated in paragraph (1), among the victim E (mai and 6 years of age) who is a child, the Defendant expressed that “I will see whether I will see so doing, I will die, I will see kn't kn', and I will am kn't kn't kn', and committed emotional abuse that causes harm to the mental health and development of the child.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Neromatic photographs;

1. Case outline;

1. Previous convictions in judgment: Criminal records, investigation reports (attached results of inquiry conducted by a suspect), investigation reports (verification of records of the same kind of suspect and habitual review);

1. Habituality: Application of Acts and subordinate statutes that recognize habituality, in light of the records of crimes, methods and frequency of crimes in the judgment;

1. Relevant legal provisions concerning criminal facts, Articles 264 and 260(1) of the Criminal Act that apply to the choice of punishment (including habitual assault), Articles 71(1)2 and 17 subparag. 5 of the Child Welfare Act (with regard to the abuse of children), and the choice of imprisonment with labor (with regard to many domestic violence records);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the victim D's intention not to punish him/her, family's livelihood problem, etc.);

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