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(영문) 대구지방법원 2018.06.07 2018고단409
상습폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On December 16, 2005, the Defendant issued a summary order of KRW 500,000,000 as a crime of assault at the Daegu District Court on February 1, 2006; and on October 23, 2015, the Daegu District Court issued a summary order of KRW 500,000 as a crime of assault at the Daegu District Court on July 14, 2014; the Defendant was not prosecuted as a crime of assault at the Daegu District Public Prosecutor's Office on March 9, 2016; the Defendant was not prosecuted as a crime of assault at the Daegu District Public Prosecutor's Office on February 24, 2017; the Defendant was not prosecuted as a crime of assault at the Daegu District Public Prosecutor's Office on July 7, 2017; and the Defendant was not prosecuted as a person who violated the above Act of Violence at the Daegu District Public Prosecutor's Office on July 21, 2016.

[Criminal facts] The Defendant and the victim C (n, 62 years of age) are the space between them living together.

1. On January 6, 2018, the Defendant assaulted the victim’s buckbucks in E restaurant located in Busan Metropolitan City, around 14:00, on the ground that the victim did not wear a string while drinking alcohol like the victim, he did not wear a string, with the victim’s face. The Defendant bucked the victim’s bucks and bucks on the string of the victim’s face, by hand, and used the victim’s buckbucks.

2. The Defendant, at around 14:30 on the same day, abused the victim’s face and arms in front of the same city, with drinking and sprinking him as the victim, without any justifiable reason, and assaulted the victim, such as taking the victim’s face and arms into account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (the mobile phone image taken by the reporter);

1. Previous records: A reply to inquiry, each written judgment and non-prosecution decision, such as criminal history;

1. Habituality of judgment: Violence is caused by the power of crime, the number of crimes, and the continuous repetition of crimes of the same kind at a relatively short time;

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