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(영문) 서울남부지방법원 2013.12.12 2013고단3587
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 of the final judgment.

Reasons

Punishment of the crime

On February 14, 2013, the Defendant was notified of a summary order of a fine of two million won by the Seoul Southern District Court on the part of February 14, 2013, and was 33 times before violent crimes.

On September 29, 2013, at around 20:10 on September 29, 2013, the Defendant habitually received a 112 report attached to B and Si expenses from the cash source in the agricultural cooperatives located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul, on the ground that the victim C(58 years of age) was not detained in B, and the Defendant committed assault against the victim by hand on the ground that he was found to have been detained in B.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Previous convictions indicated in judgment: Criminal references and investigation reports (Attachment of summary order);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as shown in the judgment;

1. Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the degree of damage is relatively insignificant);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Probation and community service order under Article 62-2 of the Criminal Act;

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