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Reasons
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(영문) 수원지방법원 평택지원 2017.11.23 2017고단1955
상습폭행
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2] On April 30, 2010, the Defendant was issued a summary order of KRW 1 million due to damage to goods for public use at the Seoul Eastern District Court; on November 17, 2010, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution; on January 27, 2011, the Defendant was sentenced to imprisonment with prison labor for 1 year and 2 years of suspension of execution; on May 25, 201, the Defendant was sentenced to a summary order of KRW 1 million as a crime of assault; on the same support on November 16, 201, the Defendant was sentenced to imprisonment with prison labor for 1 year and 6 months as a crime of violation of the Punishment of Violences, etc. Act (Habitual injury) at the Daejeon District Court’s red support; on the other hand, on January 17, 2011, the Defendant was sentenced to a fine of KRW 10,700,000 from the Seoul District Court as a fine of KRW 17,07.

[2] On October 12, 2017, the Defendant, at around 00:40 on October 12, 2017, abused the victim’s “D” located in Pyeongtaek-si C, and, without any reason, she opened the back of the F Security Enterprise’s business-use car on which the victim E (23 tax) took off without any reason, spits the back of the F Security Enterprise’s vehicle on the back seat, spits it into the back seat on the back seat of the vehicle, and expressed the victim’s desire to read “sals, spaws,” and assaulted the victim when she takes the right side by cutting off the eth, and cutting off the eth.g., the road.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E. G and H’s statements;

1. Data to take on-site photographs and CCTV images;

1. Previous conviction: Inquiry about criminal history and current status of personal confinement;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, details of crime, etc. as indicated in the judgment;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.

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