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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant's request for adjudication on unconstitutionality shall be dismissed.
Reasons
Punishment of the crime
On March 22, 2012, the Defendant was sentenced to eight months of imprisonment for insult, etc. by the Busan District Court, and completed the execution of the sentence on August 31, 2013. On January 24, 2013, the Defendant was determined to complete the sexual assault treatment program for seven years of attachment of location tracking electronic device at the Busan District Court and 120 hours.
1. 상해 피고인은 2014. 1. 17. 17:00경 이 사건 이전에 자신의 누나인 피해자 C(여, 64세)에게 돈을 요구하였으나, 피해자로부터 거부하는 취지의 말을 듣게 되자, 이에 화가나 대구 서구 D에 있는 위 피해자의 집을 찾아와 피해자에게 “씨발년, 개잡년, 남자를 스무명도 넘게 후리고 다닌다.”라고 소리를 지르고 주먹으로 피해자의 머리 뒷부분을 때리고 발로 허리를 차서 피해자를 계단에 뒹굴게 하고 이어 넘어진 피해자의 허벅지와 허리부분을 발로 밟아 피해자에게 약 2주간의 치료가 필요한 다발성 좌상(우측하지, 우측두피, 우측상지, 우측안면부) 등을 가하였다.
2. Intrusion upon residence;
A. On January 18, 2014, the Defendant found the house of the said victim for the same reasons as the stated in the foregoing paragraph (1) around 14:00 on January 18, 2014, and went into the second floor of the said house to the 2nd floor.
B. On January 19, 2014, the Defendant found the said victim’s house on the same grounds as the stated in the foregoing paragraph (1) around 03:30 on January 19, 2014, and infringed upon the said victim’s house near the house by setting up his/her wall and breaking up his/her wall, and entering into the house near the house.
C. Around 00:00 on January 21, 2014, the Defendant found the said victim’s house on the same ground as the indicated in paragraph (1) of the said Article, and went into his house beyond his wall and went into his house and intrudes on his house.
On January 22, 2014, the Defendant found the house of the above victim for the same reasons as the above Paragraph 1, around 03:30 on January 22, 2014, and collected both the house and the wall from which he was located.