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(영문) 인천지방법원 2017.08.10 2017고단4511

폭행등

Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment 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 March 31, 2017, at around 02:52, the Defendant: (a) a victim B (3) who was an engineer at the 668 Incheon Southern-dong Police Station parking lot located in the 668 Incheon Southern-dong Police Station in order to stop the vehicle at the police station parking lot in order for the Defendant to report the vehicle to the police.

"Abrut" and assaulted the victim's face at least four times in drinking.

2. The Defendant was investigated at the waiting room of the suspect on duty of criminal affairs at the 668 Incheon Southern-dong Police Station as of March 31, 2017, Nam-gu, Incheon, Nam-gu around 07:30.

C이 지켜보는 가운데 피해 자인 경사 D에게 “ 야 개새끼야, 내가 왜 여기 있는 거야, 내가 뭘 잘못했어,

In other words, the victim was openly insulting by 30 minutes of abusive language, such as the sound of "hing, singinging," etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. C’s statement;

1. Application of the insult statutes;

1. Relevant Article 260 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

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 grounds for sentencing under Article 62-2 of the Criminal Act for protection observation and lecture attendance order / 【The scope of recommendation / General assault / [at least two months; consideration is limited to the lowest limit of punishment recommended due to the competition of crimes for which sentencing guidelines have not been set] / The treatment of the defendant is difficult to suppress re-offending due to the punishment of a fine.

The punishment of imprisonment for three months within the scope of the recommended punishment shall be determined, but the execution shall be suspended for one year on the condition that protection, observation, and attending for the improvement of sexual behavior.