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(영문) 서울남부지방법원 2019.10.18 2019고단4413
상습폭행등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal power] On October 22, 2010, the Defendant was sentenced to a fine of KRW 6 million for the crime of injury at the Seoul Southern District Court. On December 5, 2011, the same court rendered a summary order of KRW 500,000 as the crime of assault; on March 2, 2012, the same court issued a summary order of KRW 70,000 as the crime of assault; on November 29, 2012, the same court issued a summary order of KRW 1 million as the crime of assault; on May 21, 2015, the same court issued a summary order of KRW 50,000 as the crime of assault; on August 25, 2015, the same court sentenced the suspension of the execution of imprisonment of KRW 8 months to the punishment for the crime of injury; and on July 25, 2017, the Seoul Southern District Court completed the execution of the sentence, respectively.

【Criminal Facts】

1. Around May 24, 2019, the Defendant habitually abused the victim by drinking the victim D (59 years of age) and drinking alcohol before the victim’s convenience store located in Gangseo-gu Seoul Metropolitan Government, on the ground that the victim took a bath in front of the victim’s convenience store located in Gangseo-gu Seoul Metropolitan Government, and committing assaulting the victim, such as making a batd, bating the victim’s bat, destroying the victim’s bat, bating the victim’s bat, and destroying the victim.

Accordingly, the defendant habitually assaulted the victim.

2. The Defendant causing property damage, at the time and place set forth in Paragraph 1, was destroyed to the extent that the repair cost was KRW 270,000,000, by deducting the cell phone of the defective victim D who was assaulted as above from the cell phone to report 112.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. A written statement, CCTV closure photograph, and text message;

1. Before ruling: Court rulings, criminal records, etc., inquiry reports and personal confinement status;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the continuous repeated crimes of the same kind in the judgment;

1. Relevant provisions of the Criminal Act, Articles 264 and 260 (1) of the Criminal Act, Article 366 of the Criminal Act and the choice of punishment for the crime, Articles 264 and 260 of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Aggravation for concurrent crimes;

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