(영문) 서울중앙지방법원 2017.08.24 2017고단2711

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(영문) 서울중앙지방법원 2017.08.24 2017고단2711

상습폭행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2] On September 21, 1992, the Defendant: (a) received a fine of KRW 500,00 from the Seoul Central District Court on September 21, 1992 to a violation of the Punishment of Violences, etc. Act; (b) a fine of KRW 700,00 from the Changwon District Court on October 18, 195 to a violation of the Punishment of Violences, etc. Act; (c) a fine of KRW 1 million from the Seoul Central District Court on May 8, 2006 to a crime of intimidation; (d) a fine of KRW 1 million from the Seoul Central District Court on October 8, 2010 to a fine of KRW 30,00 from the Seoul Central District Court on May 29, 201 to a violation of the Punishment of Violences, etc. Act (joint injury); (d) a fine of KRW 1500,000 from the Seoul Central District Court on August 7, 2015 to a fine of KRW 361,5,2015.

[2] On April 4, 2017, at around 01:25, the Defendant: (a) committed assault against the victim by her hand on the ground that the Defendant was denied sexual intercourse from the victim C (here, 45 years of age) who was found in the third floor inside the residence of the Defendant of the third floor of the building in Jongno-gu Seoul, Jongno-gu, Seoul; (b) on the ground that “the victim is clearly winded.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous conviction and habituality of the judgment: Application of Acts and subordinate statutes recognizing dampness in light of inquiry about criminal history, investigation reports (including domestic violence records), records prior to each crime in the judgment, methods and frequency of crimes, and repeated crimes of the same kind;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 264 and 260 (1) of the Criminal Act concerning the choice of punishment (the choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] 6 types of assault crimes (Habitual, repeated, repeated crimes, and special assault) / [decision of sentence] The defendant is the same as the records of the crime in the judgment.

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