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(영문) 인천지방법원 부천지원 2016.04.22 2015고단3415
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

[2015 Highest 3415] On August 27, 2015, at around 03:15, the Defendant requested the victim D (V, 25 years old) who is a customer to pay 30,000 won in addition to the drinking value, and the victim refused to pay c0,000 won in addition to the drinking value, the Defendant assaulted the victim's head on three consecutive occasions.

[2016 Highest 92]

1. On December 18, 2015, the injured Defendant: (a) around 11:00, the Korean-U.S.-U. B building 6, the Korean-U.S. Around 11:00, the Korean-U.S. victim E (n., 32 years of age) who is a customer, was “I.B.” (n., 32 years of age) and put the victim’s neck and fright, b.e., the victim’s ma, f., f., the victim’s f.e., the victim’s f., the victim’s f.

2. The Defendant damaged property by reducing the victim’s 90,000 won of the market value, which was the victim’s hand, at the above date, at the above time, and at the above place, the victim E reported to the police. The Defendant damaged the victim’s property by taking away the 5 mobile phone in the jum jum block, which was the victim’s hand, from the 90,000 won.

Summary of Evidence

1. The defendant's statement at the fifth public trial date in court;

1. A protocol concerning the examination of the suspect of the accused;

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on photographs of mobile phones with sides of E face and damaged mobile phones;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 257(1) of the Criminal Act (the point of harm), Article 366 of the Criminal Act (the point of damage) and the choice of imprisonment with prison labor 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. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendant reflects his fault, the defendant agreed with the victim E, and the defendant.

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