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(영문) 서울서부지방법원 2016.05.12 2016고단558
폭력행위등처벌에관한법률위반(상습존속폭행)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[criminal records] On January 19, 2007, the Defendant was sentenced to 8 months of imprisonment with prison labor and medical care and custody for the crime of injury sustained in the Seoul Western District Court, and on February 19, 2009, the Defendant was sentenced to 1 year and 6 months of imprisonment with prison labor and medical care and custody for the crime of injury sustained in the court. On March 25, 2011, the Defendant was sentenced to 1 year and 6 months of imprisonment with prison labor and medical care and custody for the same crime of injury sustained in the court. On November 21, 2013, the same court was sentenced to 2 years of imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (Habitual violence) and completed the execution of the sentence at a sex vocational training prison on August 3, 2015.

[Criminal facts]

1. On March 4, 2016, the Defendant violated the Punishment of Violence, etc. Act (Habitual Assault) at the Defendant’s house located in Mapo-gu Seoul Metropolitan Government C and B 102 around March 19:30, 2016, on the ground that the Defendant’s mother-child D gave her drinking water instead of boomed, and the Defendant’s mother-child D expressed her bath to the above D as “this Chewing son”, and the victim E (86 years old), who was the Defendant’s her mother, committed assault on the victim’s clothes once.

As a result, the Defendant was sentenced to imprisonment more than twice due to a violation of the Punishment of Violences, etc. Act (Habitual violence), and assaulted the victim who continues to exist habitually during the period of repeated crime.

2. On March 4, 2016, at around 22:15, the Defendant: (a) returned home at the place indicated in paragraph 1, the Defendant’s house; and (b) there was no person opening the door; (c) the Defendant destroyed the Defendant’s house by cutting off the boomed boom, which is a joint ownership of the victim E and the victim D, with electric power and electronics, and cutting off the incidental and glass windows, and continuously gathering the computers owned by the victim F.

Accordingly, the defendant damaged the total market value of approximately KRW 500,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, D, and F;

1. 112 Declarations;

1. A photograph of the damaged scene;

1. Investigative reports (to hear statements from victims);

1. Previous convictions: Criminal history, etc.;

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