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(영문) 대구지방법원 상주지원 2015.06.23 2015고단117
폭력행위등처벌에관한법률위반(상습폭행)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Criminal power is sentenced to six months of imprisonment and two years of suspended execution as a result of an injury in the resident support of the Daegu District Court on November 12, 2013, and the above judgment became final and conclusive on November 20, 2013, and has a criminal record of several times of violence, including those under suspended execution.

Criminal facts

On November 22, 2014, around 22:50, the Defendant, while drinking alcohol in the “E” of the victim D’s operation, and drinking to other customers, heard from the victim the claim that “drawing out of the customer”, “I would see why I would drive out of the customer,” and when I would like to say, I would like to say, “I would see why I would see it, I would see it, and I would like to see that I would see why I would see it, I would see it, and that I would see the victim’s kick with the victim’s hand.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

1. The defendant's partial statement (the statement that the defendant's grandchildren, etc. are faced with the victim in the course of pushing the victim with his/her hands);

1. Statement made to D by the police;

1. Previous records: Criminal records, inquiry reports and investigation reports (a similar judgment of the suspect and attachment to summary orders);

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

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] In the event that the mitigation area (including persons who have been subject to special mitigation), the mitigation area (including efforts to recover damage) of types 6 (Habitual Cumulative Offense, Habitual Offense, Special Violence), the mitigation area (4-1-2) of punishment, or considerable damage has been restored (the scope of revision made by the applicable sentencing] from June to January 12 (the decision made by the applicable sentencing] of June to June 12 (the extent of revision made by the applicable sentencing] the defendant agreed smoothly with the victim, and the defendant's age, character, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered in the oral argument of this case, the sentence as ordered shall be imposed as above.

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