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(영문) 춘천지방법원 속초지원 2017.11.01 2017고단141
상습폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of one million won as an injury in the early branch of the Chuncheon District Court on October 1, 2008; the same court on March 31, 2009; the fine of one million won as an injury to official duties; the same court on May 7, 2009; the same court on July 22, 2010; the same court on July 2, 2010, committed a violation of the Punishment of Violence, etc. Act (a group, deadly weapons, etc.) with punishment of one year of suspended sentence; the same court on July 26, 2011, received a fine of eight million won from the same court on July 30, 201; the home protection case from the Seocho District Public Prosecutor’s first branch on July 30, 201 to the assault; the person who received a fine of one million won or more from the same court on July 26, 2014 to the domestic protection case; the person who received the above disposition of two hundred five or more years of injury from each of the victim.

On March 23, 2017, the Defendant: (a) took the influence of alcohol in his/her house room located in Gangwon-gun D, and her wife and took a dispute with the said victim; (b) took a bath to the victim, “YYYYYYYYYYYYYY,” and (c) took a blord, which was flading on the window, toward the victim, and assaulted the victim.

Accordingly, the defendant habitually assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by the police for C;

1. Each internal investigation report and investigation report (including attached documents);

1. On-site photographs;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and the age, sex, environment, background, means and consequence of the crime, etc. of the defendant.

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