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(영문) 수원지방법원 성남지원 2017.05.19 2017고단203
상습존속폭행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal records] The defendant sent home protection cases to Sungnam support by means of assault on January 25, 2016, which had been sent to the same court on October 7, 2016.

[2] The defendant is a person who lives together with the victim D (8) who is the father of Seongdong-gu, Sungnam-gu, Sungnam-gu and his mother, and the victim E (76 years of age) and works without a certain occupation while drinking alcohol.

On January 25, 2017, the Defendant: (a) at the above place on January 25, 2017; and (b) at the victim E, who spacing after drinking alcohol.

“Along with the question, I wish to “I am this year, I am going to the end of the year,” without any reason, and I am to the victim D who has complied with it.

“The face of the D was taken one time as drinking while speaking.”

Therefore, in order for the above E to speak the defendant, he saw the defendant's head debt of the above E once, and the defendant was sleeped several times, and the face of the above E has been sleeped several times in the hand floor, and the face of the above D, which was sleep from the next side, has been taken several times.

Accordingly, the defendant habitually assaulted victims who continue to exist.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A family environment survey report, the 112 Case Handling List, the copy of the case already forwarded, the investigation report (suspects and telephone conversations with the suspect);

1. Previous conviction: A of a reply to inquiry, such as criminal history, and a copy of the case already sent;

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, etc.;

1. Relevant provisions of the Criminal Act, Articles 264, 260 (2) and 260 (1) of the Criminal Act, the selection of punishment for the crime (Habitual) and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The recommendations;

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