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(영문) 인천지방법원 2015.03.25 2014고단9524
폭력행위등처벌에관한법률위반(상습폭행)
Text

A defendant shall be punished by imprisonment for six 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

On November 26, 2014, the Defendant was subject to a disposition of non-prosecution by assault at the Incheon District Prosecutors' Office, and the Defendant was subject to a local guidance from a police officer who received and dispatched 112 reports due to domestic violence on four occasions, including November 5, 2014; on December 2, 2014, December 5, 2014; on December 5, 2014; on December 10, 2014, the Defendant was subject to a disposition of non-prosecution by assault; and on December 10, 2014, the Defendant is the husband of the victim C (A, 59 years old

1. On November 20, 2014, the Defendant: (a) around 14:00, at the Defendant’s residence of the Nam-gu Incheon, Nam-gu, Incheon, and 201, considered that the victim was living together with the male of the son who was living together with the son who was living together with the son; and (b) assaulted the victim by walking the her bridge and walking the her head.

2. 피고인은 2014. 11. 20. 17:30경 위와 같은 장소에서 위와 같은 이유로 피해자에게 “남자들과 섹스하고 왔냐.”, “너를 내가 죽일거다. 너가 하는 모든 얘기는 거짓말이고 아픈 것도 쇼를 하는 거다. 7번도 찔러 죽일 수 있다. 88번 칼로 찌르고 88번의 난도질을 하여 죽이겠다.”고 말하며 피해자의 왼손을 잡아 뒤로 꺽은 뒤 넘어 뜨려 폭행하였다.

3. On December 20, 2014, the Defendant, under the influence of alcohol in the foregoing place, 12:45 on December 20, 2014, and, without any justifiable reason, assaulted the victim’s right hand by putting the victim with the sound “we have to die, and we have to die when we live in a fake 17 minutes,” and putting the neck up with approximately five minutes of hand, and assaulting the victim’s left hand.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. C’s statement;

1. Photographs;

1. Investigation report (investigation, etc. of shots);

1. Habituality of the judgment: Criminal history records, etc., reports on the reports of 112, investigation reports (including the details of 112 reports and the attachment of kick data, and the correction of the name of the crime), each investigation report (examination of habitual violence, violence, and habitual violence), each criminal record, the number of crimes, the frequency of crimes, and the short-term period.

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