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(영문) 인천지방법원 부천지원 2016.06.16 2016고단1060

특수폭행

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On April 3, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for assault in the Incheon District Court’s Branch Branch, and completed the execution of the sentence on August 23, 2015. On April 21, 2016, the Incheon District Court sentenced eight months of imprisonment with prison labor for special bodily injury, and released on April 21, 2016 at the Incheon District Court’s Incheon Detention House as the revocation of detention, and the sentence became final and conclusive on April 29, 201 and the execution of the sentence is completed, not only 12 times of force of violent crime, but also 12 times of force of force.

[2] On May 14, 2016, the Defendant: (a) 16:32 on May 14, 2016, and (b) 16:32, 2016, while drinking alcohol with those figures, such as the victim E (52 years of age) and F, G, etc., the Defendant, without any specific reason, expressed the victim’s desire to take a bath; and (c) sponsed the disease, which is a dangerous object that had been located there, one time at the left side of the victim.

The Defendant, including F, G, etc., took the sponsor of the sponsor of the Defendant’s illness cited by the Defendant, but continued to take the victim’s desire and took another sponsor by gathering another sponsor, thereby getting off the number of backs of the Defendant.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. On-site photographs (a small-scale disease used by the person under his/her control for committing a crime), and CCTV images;

1. Previous conviction: Application of the provisions of this Act and subordinate statutes to a reply to inquiry, such as criminal history, investigation report (the confirmation report on the date of release of a suspect A, the confirmation date of the final judgment of 2016No. 811), release instruction, written decision on revocation of detention, and output of the results of search of the

1. Relevant Article 261 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;

2. Although there are some favorable circumstances such as the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes: (a) the Defendant’s mistake is against some degree; and (b) the agreement with the victim is reached; (c) in consideration of the fact that the Defendant committed the instant crime during the period of repeated crimes of the same kind; and (d) the history of the same crime can be