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(영문) 인천지방법원 2021.03.19 2020고단10624
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

1. Around September 29, 2020, the Defendant assaulted the victim D (Woo, 20 years old), victim E (Woo, 20 years old) and his/her women with the victim D’s hair in front of the Nam-gu Incheon apartment B apartment house C, Nam-gu, Incheon, on the ground that the conduct of the victim E (Woo, 20 years old), and his/her women is sleepd by hand, and assaulted the victim E by taking the victim D’s head behind it into his/her hand.

2. In the date, time, and place set forth in paragraph 1, the Defendant: (a) brought an injury to the victim F (21) who was next to the end of the trial for the foregoing reason when drinking the victim F (21) for about three weeks; and (b) brought an influent injury in need of treatment for about three weeks.

Summary of Evidence

1. Each police statement made by the defendant in relation to the defendant's legal statement D, G, E, F, and H;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on the victim's side photographs of damage from the F, on-site CCTV closures;

1. Relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 257(1) of the Criminal Act (the point of harm) and the choice of imprisonment 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 62-2 of the Criminal Act of the Suspension of Execution (the conditions favorable to the reasons for sentencing as follows)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: Crimes of bodily injury [the type 1] General Bodily Injury [the type 1] General Sentencing [the person subject to special sentencing] [the area of recommendation and the scope of recommendation] mitigation area, two months to ten months of imprisonment;

(b) Concurrent Crimes: Crimes of assault [Type 1] No person who does not have a general assault [the area of recommendation and the scope of recommendation] (the scope of recommendation and recommendation], the basic area of the crime, February to October;

(c) Scope of punishment recommended according to the standards for handling multiple crimes: February through June 10 (Article 1/2 of the upper limit of crime No. 2).

3. Determination of sentence: Four months of imprisonment, and one year of suspended sentence, to the victims of a minor under the influence of alcohol;

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