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(영문) 수원지방법원 여주지원 2017.02.15 2016고단1188
상습폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] The defendant was sentenced to a suspended sentence of one year and six months on December 26, 2008 by obstructing the performance of special official duties in the credit support of Suwon Franchi, and was sentenced to a suspended sentence of one year and six months on February 15, 2012. On October 31, 2014, the defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the same court on February 15, 2012. On October 31, 2014, the Suwon District Court issued a summary order of one million won as a crime of assault at the Suwon District Court, which was sentenced to a summary order of one million won as a crime of assault at the main branch office of the Suwon District Public Prosecutor's Office on January 7, 2015. A person who was not subject to prosecution by the Nan District Public Prosecutor's Office on July 13, 2016.

[2] On October 8, 2016, the Defendant: (a) around 02:45 on the part of the victim E (44) and the victim, while drinking alcohol, took 10 times the victim’s hand-to-face her hand, on the ground that he/she did not fully pay his/her money to the Defendant.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A damaged photograph;

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 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act [the scope of the recommended sentence] The case where the defendant, who has been punished or has had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had been

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