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(영문) 서울중앙지방법원 2015.11.06 2015고단5660
폭력행위등처벌에관한법률위반(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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On December 10, 2014, the Defendant was indicted for a violation of the Punishment of Violence, etc. Act (Habitual Violence) at the Seoul Central District Court on the same month, and the Family Court rendered a decision to send the same month to the Family Court on the 18th day of the same month, and on March 6, 2015, the Defendant was sent to the Seoul Family Court for domestic violence more than ten times, such as domestic violence (Habitual Violence).

【Criminal Facts】

In around 2002, the defendant married with the victim C (the age of 43) and has a legal marital relationship with the victim, and even though economic difficulties have occurred, the victim has raised an objection to the support of the mother of the victim, and has been punished for dispute with the victim and assaulted the victim from time to time.

1. On September 10, 2015, from around 21:00 to around 01:30 of the same month, the Defendant expressed that, in the Defendant’s home room located in Jongno-gu Seoul, Jongno-gu, Seoul, the Victim’s mother was not properly restricted and said, the Defendant expressed that, “I would like to refuse to engage in daily labor,” and that, “I would like to have the Victim’s mother, I would like to see how I would live.” The Defendant expressed the Victim’s head from around 5 to 6 times with the Defendant’s hand.

The Defendant continued to attract the victim, leading the victim to his ward, leaving the victim's head, and kicking the victim's head, and plucking the victim's hand and spath, and assaulted the victim at one time by plucking the victim's hand and spath, cutting the victim's spath, and cutting the victim's spath.

2. At around 01:00 on August 3, 2015, the Defendant argued that the victim’s voice is large at the above location, and assaulted the victim by taking care of the victim’s face going beyond the victim’s face, due to his hand, on the ground that he did not want to hear the music, but did not change the victim’s cell phone.

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