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(영문) 수원지방법원 2016.10.04 2016고단2679
상습폭행등
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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 2679"

1. To the extent that it does not interfere with the defendant's right of defense for habitual assault, part of the facts charged was legally adopted and investigated by this court (the defendant deemed the victim as the victim's fice, not the victim's fice, and changed ex officio to the victim's fice).

The Defendant was sentenced to one year and six months of imprisonment at the Jeonju District Court on April 20, 206 due to a special assault, etc., and on December 17, 2009, issued a summary order of a fine of KRW 300,000 at the Daejeon District Court on February 23, 2012, and was sentenced to one year of imprisonment and a fine of KRW 1,50,000 for an injury, etc. at the Suwon District Court on February 24, 2012, and was sentenced to a fine of KRW 20,000 as an assault in the Suwon District Court Ansan Branch on February 24, 2012.

At around 01:00 on April 6, 2016, the Defendant sought assistance from the victim E (the age of 29) who is an employee of the convenience store in order to use the cash withdrawal machine prior to the D convenience store located in Osan City, but is not well-known. However, the Defendant pushed the victim's chest on the ground that the victim was not properly able to do so.

Accordingly, the defendant habitually assaulted the victim.

"2016 Highest 4531"

2. Around 15:10 on June 20, 2016, the Defendant damaged the victim’s vehicle repair cost by gathering 19cm in diameter, which is a dangerous object nearby the victim’s house, and 15cm in height and 15cm in front of the repair cost, on the ground that the Defendant’s house was parked in the HST5 car owned by G in front of the Defendant’s house. The Defendant damaged the victim’s vehicle repair cost to KRW 1,967,871 in front of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Video CDs;

1. Written estimate of the MF5 vehicle;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (whether or not a suspect has habitually recognized reports on the same kind of force and violence);

1. Judgment.

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