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(영문) 인천지방법원 2015.06.03 2015고단1180

폭행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 25, 2015, at around 16:00, the Defendant discovered the victim B (n, 61 years of age) who passed around the 12-12 sports park, Seo-gu Incheon, Seo-gu, Incheon, 123 12-12 sports park, and, without any special reason, took the string of stick brought by the victim against the victim by hand, and assaulted the victim by walking the victim's inside and outside of the floor, and walking the victim's inside.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement set forth in B;

1. Application of statutes on stick and physical photographic Acts and subordinate statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act [Scope of Recommendation] The execution of imprisonment shall be suspended on the condition of taking lectures in alcohol therapy, in light of the following: (a) the basic area (two months to ten months) of the first category of assault (general assault) (decision of sentence] (decision of sentence] that there are five times previous and previous crimes; and (b) the defendant appears to have violent inclinations repeatedly upon drinking alcohol treatment.

However, it shall be determined by taking into account the fact that the victim's damage is not serious, that the defendant is against the defendant, that there is no record of punishment of imprisonment without prison labor or heavier for the last ten years, and that there are other factors of sentencing as ordered.