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(영문) 인천지방법원 2018.03.08 2017고단9171

폭행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. 2017. 9. 3. 03:06 경 폭행 피고인은 2017. 9. 3. 03:06 경 인천 중구 C 4 층에 있는 ‘D ’에서 당구를 치던 중 평소 위 당구장을 운영하는 피해자 E(49 세) 가 피고인으로 하여금 위 당구장 출입을 못하게 한 것에 불만을 가진 것을 기화로 피해자에게 ‘ 건방진 놈’, ‘ 씨 발 좃 같은 놈’ 등의 욕설을 하며 오른손 주먹으로 피해자의 얼굴 관자놀이를 1회 폭행하고, 정강이를 1회 걷어차며, 팔로 목을 감은 뒤 피해자가 고개를 숙이자 주먹으로 뒤통수 등을 수회 때렸다.

2. The Defendant, around September 3, 2017, committed assault around 20:00 on the same day, found again at the billiard set forth in paragraph 1 of around 20:00 on the same day, and the victim “a bitch bitch bitch bitch,” and “a bitch bitch bitch bitch bitch,”

“,” and “Nice Report” mean three times, a part of the back part of the victim was subdivided into the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement under E in the second police interrogation protocol against the accused;

1. Statement made by the police for E;

1. A written statement of E, F and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lecture [the scope of recommendation] The basic area of the first type of assault crime (two months to ten months) [the person subject to special sentencing] [the decision of sentence] [the defendant has a record of having been punished several times by violence, etc. prior to the judgment of sentence], the victim reported to the police and abused the victim again, and the victim filed a petition for a strict punishment against the defendant, etc., it is necessary to punish the corresponding strict punishment.

However, the fact that the defendant committed the crime of this case at the fourth degree with a delay disability, and his mistake is divided.