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(영문) 인천지방법원 2018.10.11 2016고단8724 (1)

폭행등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

『2016 고단 8724』 피고인은 2016. 10. 16. 01:00 경 인천 남동구 B에 있는 C 병원 응급실 외상 치료실에서 치료를 끝내고 귀가를 설명하는 병원 간호 사인 피해자 D에게 “ 보는 눈이 이상 하다, 뭘 쳐다보냐!

"Absently, assaulted the victim's head at one time by her hand."

On November 7, 2016, the Defendant expressed the victim F (65 years old, co-defendants, and pleadings) who escaped after the assaulting was committed against E, who was under the duty to explain the circumstances of his/her assault to E, around November 7, 2016, at the street 40, Nam-gu Incheon, Incheon, and the police station of the Incheon Southern National Police Station, and called the victim, who was under the duty to explain the circumstances of his/her assaulted to E, and was under the duty to care for the victim, who was under the duty to care for about two weeks.

Summary of Evidence

"2016 Highest 8724"

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with D "2017 Highest 1711";

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of Acts and subordinate statutes to investigation reports (Submission of F Diagnosis Reports);

1. Relevant Article 260 (1) of the Criminal Act and Articles 260 (1) of the Criminal Act (elective of imprisonment with prison labor) and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes (in the case of special injury, the sentencing criteria not applied at the time of indictment by the amendment of the Act and subordinate statutes): A crime committed by an outwarding a warning of probation, and a crime committed by a police officer, which led to serious number of times, such as the discovery of cumulative violent habits or the state of public authority, such as the administration of dangerous objects to the face of the other party before the police officer's order, etc., the occurrence of cumulative violent habits and the degree of danger by the police officer, which are favorable to the grace period due to non-compliance with the summons procedure, and the normal situation favorable to the impossible execution of the warrant: A considerable amount of special injury to which the nature of the crime is heavy; and