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(영문) 인천지방법원 2019.01.24 2018고단6761

폭행등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On September 15, 2018, the Defendant: (a) committed assault on the street before the bus stops in Michuhol-gu Incheon, Incheon, the Defendant: (b) was under the influence of alcohol in a taxi operated by the victim D (the age of 63) in a blue blue with the victim’s blue blue, without any reason; and (c) committed assault on the part of the victim once.

2. The Defendant damaged the property by taking the 158,840 won of the repairing cost from the string of the cab vehicle, which is owned by the victim D, at the time and place specified in paragraph 1, to walk the string of the string of the cab vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the written estimate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 266 of the Criminal Act, the choice of imprisonment for a crime;

1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, Article 1 of the Reasons for the Punishment [Scope of Recommendation] and Article 1 of the General Standard (Crime of Destruction, Damage, etc.) [Scope of Punishment] and Article 2 of the Criminal Act that has no basic area (Article 4-10 of the Criminal Act] [Scope of Recommendation of Crimes] and there is no basic area (Article 37-10 of the Criminal Act) (Article 37) (Article 38(1)2, and Article 50 of the Criminal Act (Article 30 of the Criminal Act) [Article 37 of the Criminal Act] [Article 38(1)2 of the Criminal Act [Article 38 of the Criminal Act]

However, on February 2, 2018, the defendant had several criminal records of violence, and on February 2, 2018, the court sentenced 4 months of imprisonment to the crime of causing property damage and did not know even though he was under suspended execution, again committed the crime of this case.

Despite repeated action, it is necessary to keep the criminal defendant under the influence of the law, who has continued to drink and has committed a crime, and to prevent recidivism.

The sentence is sentenced because it is judged.

The punishment shall be determined as per the order, taking into consideration the above circumstances and all other conditions of sentencing, such as the defendant's age, character, conduct, family relationship and property status.