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(영문) 수원지방법원 성남지원 2016.02.16 2015고단2628
폭력행위등처벌에관한법률위반(상습폭행)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul Eastern District Court on April 29, 1989, with prison labor for one year, for a suspended sentence of two years, for a violation of the Punishment of Violences, etc. Act; on September 8, 1992, with prison labor for a violation of the Punishment of Violences, etc. Act at the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of Seoul on July 23, 2003; three years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act; on December 28, 2007, with prison labor for a violation of the Punishment of Violences, etc. Act (Composition and activities of organizations, etc.); on April 3, 2012, with prison labor for a violation of the Punishment of Violences, etc. Act of KRW 2.5 million on May 23, 2014, with prison labor for a violation of the Punishment of Violences, etc. Act of KRW 1006 million on the punishment of a fine.

【Criminal Facts of Crimes】 On November 1, 2014, at around 03:00, the Defendant reported the victim D (50 years of age) to take a bath for the female living together with him/her on the front side of the “CKalet” located in Seongbuk-gu, Seongbuk-gu, Seongbuk-si, Sungnam-si, and then boomed the victim’s blap with his/her finger hand, and boomed the victim’s breath, and bread it over twice.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: Inquiry about criminal history and investigation report;

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 Article of the Criminal Act and Articles 264 and 260 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The crime committed under the latter part of Article 39(1) of the Exemption Criminal Act (the same date as the degree of damage, the victim's wife, and the crime of obstructing the execution of official duties in the judgment finalized, and the same opportunity.

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