(영문) 인천지방법원 2019.10.04 2019고단5545



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

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


Punishment of the crime

The defendant is a person who has no fixed occupation.

1. Around September 26, 2017, the Defendant violated the Punishment of Violences, etc. Act (joint assault) jointly with pro-Japanese B, and committed joint assault by the victim in the parking lot of the “E” operated by the victim D (E, South and 54 years old) located in Michuhol-gu Incheon, and the victim D (E) on September 26, 2017, upon the victim’s demand to deduct the BMW320 car parked by B from the victim, but the Defendant spits the victim’s face, spits the victim’s head, and B assaulted the victim jointly by destroying the victim’s head.

2. On September 26, 2017, the injured Defendant: (a) avoided the victim’s face while assaulting the victim as stated in the foregoing paragraph 1. on September 26, 2017, stating that “A person would report to the police”; (b) caused the victim to go beyond the awareness of the victim’s face by leading the victim in front of the said female blus, and selling blus; and (c) caused the victim to undergo approximately 6 weeks of treatment, such as cutting down and closing down two parts of the two parts, which require approximately 6 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each injury diagnosis letter;

1. Application of the Act and subordinate statutes to photograph the details of the victim's mobile phone phone calls and report on investigation (CCTV image image closure report);

1. Relevant Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the same Act, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

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. Scope of recommended sentences according to the sentencing criteria;

(a) A crime (influence of injury) : A general injury [Type 1] general injury (including a special person) : mitigated element: Where a penalty is not imposed (including a serious effort to recover damage) or considerable partial damage is recovered, serious injury (influence of injury): the basic area of injury (influence of recommendation and recommendation) ; the scope of recommendation and recommendation) ;