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(영문) 인천지방법원 2020.08.12 2019고단7475

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

"2019 Highest 7475"

1. On September 5, 2019, at around 18:55, the injured Defendant drinking in front of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and without any justifiable reason, expressed to the injured party C (mama), “I am, Chewing, and Korean nationals will be deemed to suffer damage due to illegal aliens,” and the victim’s face is 10 times more than 10 times in drinking, and the victim’s bridge was sprinked twice in twice.

2. The Defendant assaulted the victim D (manam, 25 years of age, Myanmar of nationality) who is the offender C at the time and place specified in paragraph 1, when the Defendant met the Defendant, and assaulted the victim’s chest on one occasion by drinking.

around 18:55 on September 5, 2019, the Defendant, “2019 Man-Ma8457,” under the influence of alcohol in front of the Bupyeong-gu Incheon Bupyeong-gu B, Incheon, and the Defendant made a public insult of the victim C (mama), “Isk’s illegalness” to the victim C (mah, South, 34 years of age, and the Myanmar of nationality) by talking the victim “Isk’s illegalness, Isk’s illegalness, Isk’s illegal aliens in the Republic of Korea as soon as possible, Isk’s illegal aliens in Korea.”

Summary of Evidence

Each police interrogation protocol against the defendant

1. The application of Acts and subordinate statutes to the investigation report of the police statement of C and D (the investigation of cell phone images submitted by C) by each police officer;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First offense (determination of types) (inflicting of injury) and violence crime: General injury [Class 1] and general injury [the scope of recommendation and recommendation] basic area, April through June of imprisonment;

B. Second Crimes (determination of types of violence) and violence crimes [Article 1] and general violence [Article 1]. The term "crimes of violence" [Article 1].