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(영문) 인천지방법원 2017.09.08 2017고단3967

폭행등

Text

A defendant shall be punished by imprisonment for four 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

On March 6, 2017, from around 22:00 to March 04:00 on March 7, 2017, the Defendant demanded the victim E (V, 45 years of age) in his/her vehicle on the front side of Gyeyang-gu Incheon Gyeyang-gu, Incheon, to have the victim E (V, 45 years of age) lent to himself/herself while dialogueing with him/her, and the Defendant expressed a woman who is not capable of drinking another woman.

” 라며 대든다는 이유로 주먹으로 입술 부위를 때리고, 가슴 부위를 때리고, 발로 무릎 부위를 찼다.

Accordingly, the defendant suffered injury that makes the victim omit the next one.

Summary of Evidence

"2017 Highest 4877"

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Investigation reports and examination and treatment sets (E);

1. Application of the Acts and subordinate statutes of violence-related photographs (16th of documentary evidence records);

1. Relevant Article 262 of the Criminal Act, Articles 260 (1) and 257 (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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended punishment according to the sentencing guidelines [the type of determination] - Class 2 (Bodily Injury by Violence) (person in charge of special sentencing) - Where the mitigated element is not punishable (including serious efforts to recover damage) or considerable damage has been restored (the decision in the sphere of recommendation] mitigated area [the scope of the recommended punishment] two months to one year and six months [the general person in charge of sentencing] - Reduction element: In serious reflective amount

2. Whether or not to suspend the execution (main reasons) - positive: Non- sources of punishment (including serious efforts to recover damage) (including general circumstances) - positive reasons: There is no serious reflectivity, or no criminal record of a stay of execution or more.

3. The criminal defendant who has been sentenced to a sentence has committed assault and inflicted injury on the living together with the victim, thereby causing a very high quality of the crime; and

In addition to the crime of this case, the defendant has no right to prosecute the victim by violence, etc. and is suspended from prosecution.