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(영문) 인천지방법원 2017.11.30 2017고단4965

폭행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 22, 2017, the Defendant, on the front road of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, assaulted the victim D (n, 31 years of age) who passed the place, without any reason, when discovering the victim D (n, 31 years of age).

2. At the entrance of the above C apartment parking lot around the day specified in paragraph 1, the Defendant damaged a 300,000 won blocking device by making it clear to the victim E, etc., who is the occupant of the above apartment, in his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation (a counter-investigation of shots), and a report on investigation (CCTV attachment);

1. Relevant Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Crimes No. 1 (Assaults) (Scope of recommendations) and the basic area (no. referring to February to October) (no person subject to special sentencing) of the basic area (no person subject to special sentencing) of the crimes of assault;

2. Type 1 (Destruction of Property, etc.) in the mitigation area (one month to six months) (special mitigation person) in Class 2 (Destruction of Property, etc.) in general standards; and

3. The scope of final sentence due to the aggravation of multiple offenses: From February to January 1; and

4. Determination of sentence of punishment for the same kind, but there is no previous conviction or more than a suspended sentence, the accused is against the obligation of the defendant, and the damaged person does not want the punishment for the accused, the extent and extent of the damage, the minor motive and circumstances of the crime, the health, sex, environment, etc. of the accused.