(영문) 인천지방법원 부천지원 2017.09.22 2017고단1872

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(영문) 인천지방법원 부천지원 2017.09.22 2017고단1872

특수폭행

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2017, the Defendant: (a) 23:30 on July 2, 2017, while drinking alcohol with the victim C(53 taxes) who was frighten in the B4th floor drinking house; (b) frightened with the victim on the ground of an inbreathesis; (c) frightened with frighten; and (d) frightened with frighten and fighting; and (d) frightened with frighten, the Defendant frighted with the victim’s head on one occasion.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to D or E;

1. Investigation report (as regards ctv and witness), investigation report (as regards on-site CCTV images verification);

1. Application of the Acts and subordinate statutes to each CCTV image and damaged photograph;

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] When the crime is committed in six types (Habitual, repeated, and special assault), the mitigation area (4 to 1.2 months), the punishment is not imposed (including efforts to recover damage), or considerable damage is recovered (the decision of sentence] (the decision of sentence is disadvantageous: the fact that the crime is very poor, the necessity of strictly punishing the crime using dangerous articles or deadly weapons is very favorable, the fact that the records of punishment may be favorable for the same crime are recognized: The fact that the victim has agreed to commit the crime; the fact that the victim has agreed to do so; the fact that the victim's motive and background of the crime; the relation with the victim; the circumstances after the crime, etc., and the circumstances after the crime, etc. are changed, and the punishment is determined as stated in the order.

참조조문

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