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(영문) 인천지방법원부천지원 2020.11.20 2020고단1403

폭행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[200 Highest 1403]

1. On January 31, 2020, the Defendant assaulted the victim, such as the victim D(28 years of age) who was under operation in the vicinity B in Bupyeong-si, Seocheon-si on January 31, 2020, when the bus was rapidly parked and the victim D(28 years of age) who was under operation in the vicinity B around Seocheon-si, Seocheon-si, and the bus was rapidly parked, and the two descendants were boomed, and the victim's neck was boomed.

[200 Highest 4257]

2. On August 13, 2020, the Defendant assaulted on August 13, 2020, within “F Points” located in Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu, for the use of unmanned settlement washing machines, the Defendant obstructed the victim’s face by hand during the dispute between the victim G (Nam, 41 years of age) and Si guard, and the victim took out as soon as possible in the laundry machine against it, thereby threateninging the victim’s face.

Summary of Evidence

[2020 Highest 1403] The defendant's protocol of interrogation of the police's suspect against the defendant's statement

1. A photograph by cutting down a bus box image and a bus boom image CD-type report (with regard to the details of the report, etc.);

1. Report on investigation (verification of black stuffs) (2020 order4257), Defendant’s legal statement, Defendant G’s protocol of interrogation of each police officer’s suspect about G as soon as the police officer’s protocol G is written;

1. Application of Acts and subordinate statutes to a criminal investigation report (STV image analysis) on CCTV images and video CD-making (CCTV image analysis) by cutting down the CCTV image rapidly on the opening site;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. 양형기준에 따른 권고형량의 범위 ▷ 기본범죄 및 제2범죄(폭행) [권고형의 범위] 폭행범죄 > 제1유형(일반폭행) > 기본영역(2월~10월) [특별양형인자] 없음 다수범 가중에 따른 최종 형량범위 : 2월~1년 3월

2. Determination of sentence: