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(영문) 인천지방법원 2019.06.20 2019고단2013

폭행

Text

1. Defendant B shall be punished by imprisonment for a period of eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

B around 04:15 on September 18, 2018, around 04:15, D's singing rooms located in Namdong-gu Incheon Metropolitan City, and the victim A (50 years of age) was assaulted by the victim on the ground that the victim was not willinging to the defendant to the near-gu merchants, and the victim's face was taken in drinking, the victim's face was taken in times of drinking, and the victim who was out of drinking in several times suffered bodily injury, including approximately 10 weeks of treatment, and approximately 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to A by the police;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The portion of dismissing prosecution under Article 62 (1) of the Criminal Act (i.e., the recognition of and radius, the background of the crime committed against the victim, and the fact that the victim agreed with the victim);

1. On September 18, 2018, at around 04:15, Defendant A expressed that the Defendant was a victim and a trial expense for the reason that the Defendant did not wish to commit the victim B(39 years of age) to the neighboring merchants of the Nam-gu Incheon Metropolitan City, Seoul, on the ground that he did not wish to commit it to the victim B(39 years of age). Defendant A expressed the breath of the facts charged, “less flaps”, and assaulted two times with the victim’s flaps and breath with the flab and hand.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (Submission of a written agreement on May 30, 2019 that the victim does not want the punishment of the defendant after the prosecution of this case).