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(영문) 의정부지방법원 2015.04.14 2015고단462
폭력행위등처벌에관한법률위반(상습폭행)등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

【Criminal Force】 The Defendant was sentenced to a suspended sentence of three years on October 17, 2014 to imprisonment with prison labor for a violation of the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.) at the Jung-gu District Court on October 17, 2014 and the said judgment became final and conclusive on the 25th of the same month, and is currently under suspended sentence, and the same kind of violence is more than six times in addition to the above facts.

【Criminal Facts】

1. On February 8, 2015, the Defendant violated the Punishment of Violences, etc. Act (Habitual assault) at around 18:00, when, under the influence of alcohol at the Defendant’s home located in Seocheon-gun D, the Defendant took one time out of the part of the victim’s left side entry.

Accordingly, the defendant habitually assaulted the victim.

2. On February 8, 2015, by a police officer who received a report on the foregoing criminal facts and sent out, the Defendant: (a) was detained in the detention room of the Macheon-si Police Station at the Macheon-si, Macheon-si; (b) on the ground that he was detained in the detention room of the Macheon-gu Police Station at around 1570, he was detained in the detention room; (c) on the same day, at around 23:00, the Defendant was faced with a disturbance by her verbally off from the detention room of the main reception room of the above detention room; and (d) carried a hole of approximately 15 centimeters in diameter at the detention room of the main receptioner.

Accordingly, the defendant damaged the articles used by police stations, which are public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. E statements;

1. Investigation reports (in relation to retaliations against a suspect and damage to public goods), and investigation reports (in relation to addition of crimes of damage to public goods of a suspect);

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment to criminal records, investigation reports, court rulings, etc.);

1. Habituality of the judgment: The records of each crime, the number of crimes, the number of crimes, and the same kind of crimes are repeated in a planned and organized manner as indicated in the judgment.

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