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(영문) 수원지방법원 성남지원 2015.07.24 2015고단849
폭력행위등처벌에관한법률위반(상습폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 27, 2014, the Defendant was sentenced to a suspension of the execution of three years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by force among relatives), etc. in the branch of Suwon District Court on March 27, 2014, and on April 4, 2014, the said judgment became final and conclusive and is currently under the suspension of execution, and was subject to a suspension of execution five times of family protection for the same crime, including being subject to a disposition of assault by the Sungnam Branch of Suwon District Prosecutors' Office on July 21, 2014.

At around 02:10 on February 12, 2015, the Defendant was in conflict with the victim C (ma, 42 years of age) and his father-and-child relationship, and at the residence of the Defendant located in the second floor E in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, the Defendant was able to see the victim C’s head debt without any particular reason, and the victim D’s knee knee knee kne knee kne knee kne kne kne kne kne kne kne kne kne kne

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Records of judgment: Criminal records, etc., inquiry reports and written judgments;

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 repeated crimes of the same kind 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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are confessions and reflects against the defendant, and the victims are not punished. However, although the defendant is currently under the period of probation, and the victims who are family victims who need to care due to their husband or father's failure to comply with the principles they should take into account, the punishment is determined as ordered by considering all of the sentencing conditions shown in the argument of this case.

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