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(영문) 대전지방법원 2013.10.24 2013고단3098
폭행
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who committed domestic violence against the victim several times on September 8, 201 through three occasions, including: (a) the Defendant resided together with the victim D (n, 46 years of age) who is the wife in Seo-gu, Daejeon District Court; (b) was sentenced to a suspended sentence of imprisonment with prison labor for six months at the Daejeon District Court on September 8, 2010; (c) twice on June 3, 2013, the Defendant was subject to a disposition not to prosecute the crime of assault by the Daejeon District Prosecutors' Office; and (d) on November 7, 2011, the Defendant was subject to the disposition not to prosecute the crime of assault by the Daejeon District Prosecutors' Office on three occasions, such as having the home protection case transmitted at the Daejeon District Prosecutors' Office.

1. On June 27, 2013, the Defendant: (a) under the influence of alcohol at the above residence on June 22:0, 2013, the Defendant breadddd the victim “a person who is to get a divorce by day”; (b) frightened the victim; and (c) tried to keep the victim in contact with other things continuously; and (d) the victim abused the victim’s left arms one time by drinking the Defendant’s hand on the part of the victim.

2. On July 27, 2013, the Defendant demanded withdrawal of the report of the instant case under paragraph (1) in the above residence on July 27, 2013, and used the victim’s face with the victim’s quihing with the victim’s face one time, and assaulted the victim’s left arms one time by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crimes. Article 260 (Selection of Imprisonment or Imprisonment);

1. From among concurrent crimes, a sentence of punishment is inevitable in view of the following: (a) repeated assault is committed against the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; (b) the degree of assault is not weak; and (c) there is no serious reflective behavior, such as refusing summons by an investigative agency after the crime; and intimidation against the victim; and (d) the likelihood of recidivism is also inevitable.

Provided, That the victim shall be the victim.

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