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(영문) 인천지방법원 2019.06.27 2019고단2021

폭행

Text

1. Defendant A shall be punished by imprisonment with prison labor for four months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, around October 17, 2018, 01:30 on October 17, 2018, under the influence of alcohol on the frontway in Yeonsu-gu Incheon Metropolitan City, Defendant A, who was under the influence of drinking in front of the D, was bread and flowed so that the behaviors of the victim B (the age of 36) who was under the influence of drinking, would be bad and bad. Defendant A was boomed twice the victim’s face face.

Accordingly, the defendant committed assault against the victim.

2. 피고인 B 피고인은 전항과 같은 일시, 장소에서 피해자 A(39세)으로부터 위와 같이 폭행을 당하자 주먹으로 피해자의 얼굴 부위를 수회 때려 바닥에 넘어뜨린 후 발로 피해자의 몸통 등을 수회 걷어찼다.

As a result, the defendant put the victim into a body breath, etc., which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. A medical certificate;

1. Application of statutes on photographs of damage;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 260(1) of the Criminal Act; the choice of imprisonment

B. Defendant B: Article 257(1) of the Criminal Act; the choice of imprisonment

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “Defendant A”) for each suspended sentence

1. The scope of punishment by law: Imprisonment for one month to two years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [decision of types] violent crimes [No person who has a general assault [No person who has a special assault] [the area of recommendation and the scope of recommendation], the basic area of the punishment, and February through October.

3. Determination of sentence: Four months of imprisonment, one year of suspended sentence (the fact that the person concerned acknowledges and reflects wrongs, and the fact that there is no previous conviction in relation to violence, in addition to the punishment of a fine once for violent crimes in 2010) / [Defendant B];

1. The scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] and the general injury (the first type] general injury (the special injury factor) shall be mitigated.