(영문) 인천지방법원 부천지원 2019.10.15 2019고단2389

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글꼴

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줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2019.10.15 2019고단2389

특수폭행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 00:00 on June 20, 2019, the Defendant assaulted the victim’s head one time with the main disease, which is a dangerous object at the entrance of the above main shop, on the ground that the victim D(60 years of age) was “Isn proper drinking, Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is Is.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The investigation report (as to the statement of the shote)

1. Application of statutes, such as photographs of damage;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the reasons for sentencing choice of imprisonment with prison labor;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the category 6] repeated crimes, special assault [the special offender] mitigated elements: Where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment] mitigated areas, and February through December;

2. Determination of sentence: The defendant in June of imprisonment recognized the crime of this case and reflects it, and the fact that the defendant does not want the punishment against the defendant by agreement with the victim is favorable to the defendant.

However, the Defendant committed the instant crime without being aware of the fact that the Defendant had been punished several times due to the same criminal conduct, and committed the instant crime without being aware of it during the suspension period due to the obstruction of performance of official duties, and that the instant crime was committed by assaulting the victim's head due to beer disease, which is dangerous to the Defendant, and the victim is in bad quality of such crime, and the victim appears to have satisfed back the rear part due to the Defendant's assault and suffered a large amount of depression (Provided, That the prosecutor did not prosecute the Defendant as a special injury), and the damage suffered by the victim is also less unfavorable to the Defendant, and the Defendant's age, environment, character, and behavior are taken into account.

참조조문

-형법 제260조 제1항

-형법 제261조

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