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(영문) 수원지방법원 안양지원 2018.03.23 2017고단1752
상습존속폭행
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The defendant sent a home protection case to this court as a crime of assault on April 29, 2015; the home protection case was sent to the same court on February 16, 2016; the home protection case was sent to this court on March 25, 2016; the home protection case was sent to the same court on August 30, 2016; the case was sent to the same court on August 30, 2016; the case was sent to this court for habitual assault on October 19, 2016; and the case was sent to this court for the same crime on February 17, 2017; and on September 12, 2017, the court was sentenced to a suspended sentence of imprisonment with labor for one year due to habitual assault, etc.

[Criminal facts] In a state where the Defendant lacks the ability to discern things or make decisions due to mental illness, such as disability from shocking impulses, etc.

1. On September 13, 2017, from around 12:00 to 18:00 on the same day, a demand was made to D (N, 75 years old) whose mother was her mother in his/her house located in Ansan-gu 106 dong 505 (M, 106 dong 505) but was refused to pay money. However, if “This two-year son,” the bank she was her mother in his/her hand was her son and her son’s son’s son;

2. On September 18, 2017, the victim demanded money from the victim at the above residence on September 18, 2017, but was rejected, whether “B does not resist;

b) display a bank that had expressed a desire for these two years, Syn, Syn, Syn, Syn, Syn, Syn, Syn, Syn, Syn, Syn, Syn, Syn, Syn, Syn, Synish,

3. On September 25, 2017, on the ground that the victim did not pay money in the above residence on September 25, 2017, the victim expressed the victim’s desire to “Isle two years, Is up to the end of the year,” and took the victim’s left side.

Accordingly, the defendant habitually assaulted the victim who is his lineal ascendant or descendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written appraisal;

1. 112 Reporting case handling table;

1. References to inquiries, such as criminal history, and reports on investigation (Habitual data);

1. Habituality of the judgment: the record of the same crime and the previous judgment.

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