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(영문) 인천지방법원 2019.07.25 2019고단3779
폭행등
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.

(e).

Reasons

Punishment of the crime

On March 1, 2019, at around 21:20, the Defendant: (a) ordered an employee victim D (here, 51 years of age) to take a large amount of alcohol in Michuhol-gu Incheon, and (b) did not do so on the ground that the employee D (here, 51 years of age) did not do so; (c) expressed the victim’s bath to the police three times at hand, and (d) tried to go out of the police after having known the victim’s her click with the fact that he reported to the police three times; and (d) took the place, the Defendant sawd the click, which was a dangerous object, by cutting off the click on the table.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to victims;

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The sentence shall be determined as ordered in consideration of all the sentencing conditions, including the contents of the crime as indicated in the grounds for sentencing under Article 62(1) of the Criminal Act, the fact that the defendant repents the defendant's mistake, the victim's intention, the age, character and conduct of the defendant, and circumstances after the crime;

Public Prosecution Dismissal

1. The summary of the facts charged is as follows: (a) around March 1, 2019, the Defendant: (b) around 21:20, at the “Cju” located in Michuhol-gu Incheon, Michuhol-gu, Incheon; (c) on the ground that employees D (nive, 51 years of age) took a large amount of alcohol despite having ordered the alcohol, and (d) did not do so, the Defendant expressed the victim’s bath to the victim; and (d) took three times the victim’s her hand on the ground that he did not do so.

2. Determination

(a) Applicable provisions of Acts: Article 260 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 260 (3) of the Criminal Act.

(c) Submission of written applications for punishment not to the victim after prosecution;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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