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(영문) 대구지방법원 포항지원 2019.11.28 2019고단1299
상습상해
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On May 17, 2019, the Defendant was issued a summary order of KRW 3 million due to a special assault, etc. in the Daegu District Court Port Branch branch on five occasions by assault, and was issued a disposition of non-prosecution disposition of having no right to institute a prosecution on five occasions by assault. On one occasion, the Defendant was issued a disposition of transmitting home protection cases to four times, and was placed in one injury, and had the record of being issued a disposition of transmitting home protection cases, and was living together from February 2, 2019 with the victim B (the victim, 56 years old) and the victim.

At around 07:40 on October 6, 2019, the Defendant: (a) tried to use the victim’s body at the victim’s house located in the Nam-gu apartment complex C, and (b) tried to have a sexual intercourse; (c) refused to do so; and (d) when the victim’s face at the victim’s hand who was boomed by the Defendant, the Defendant shicked the victim’s hump, such as “where the victim is the same young children and the male face, the Defendant hump,” and followed three times the victim’s head and chest face, hump, hump and hump.

Accordingly, the victim opened a door by avoiding the defendant and walked the part of the victim's buckbucks by following the victim, and the defendant walked with the victim's bucks once, and the victim's head fucks fucks by hand, and the victim took several bucks, such as the victim's name and the part of the victim's head fucks, and followed the victim's bucks for about two weeks of treatment.

Accordingly, the defendant habitually injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. The 112 report management table, each 112 report management records;

1. A criminal investigation report (related to suspect's habitual determination);

1. A medical certificate;

1. Each photograph;

1. Previous convictions: Criminal records and investigation reports (a summary order of the same kind of case, a written decision not to prosecute, and a written decision to transfer home protection cases);

1. Habituality of judgment: Application of damp-style Acts and subordinate statutes in light of the fact that the criminal records, the number of crimes, and the same kind of crimes are repeated;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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