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(영문) 인천지방법원 2019.06.26 2019고단2663

특수폭행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant accused the victim B(the age of 63) under the charge of assault, and the victim became aware of it in arbitration.

On November 19, 2018, at the Michuhol-gu Incheon Metropolitan City C and D2, the Defendant: (a) requested the victim to drink alcohol at the same time on November 19, 2018; (b) however, as the Defendant was refused from the victim, the Defendant assessed the victim’s back to the left side of the victim’s back, with an empty beer who is a dangerous object on the table. (c) On the other hand, the Defendant assessed the part of the victim’s back to the victim’s left side.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. B written statements;

1. Application of Acts and subordinate statutes to field photographs, requests for reimbursement of expenses, receipts, shoulderer beer photographs, and investigation reports;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Determination of sentencing under Articles 32(1)3 and (2), and 25(3)2 (the amount of damage inflicted by an applicant for compensation is not specified, and it is not reasonable to issue an order for compensation in the criminal proceedings) of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation, taking into account the following circumstances: the defendant’s age, character and conduct, environment, motive and background of the offense in this case, means and methods of the offense, circumstances after the offense, etc., and the conditions of sentencing as shown in the process of the trial, shall be determined as the same sentence as the order.

In light of the circumstances that the defendant prices the victim's marith due to an empty beer's disease and the circumstances and contents of this case where the part on the left side of the victim's left side was calculated due to an unclaimed beer's disease, and there was a risk of serious human life accidents.