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(영문) 인천지방법원 부천지원 2019.06.25 2019고단1061
폭행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the victim B (the 59 years of age, the 59 years of age, the married couple).

On March 14, 2019, at around 23:05, the Defendant: (a) carried out a call from the victim to see whether he/she drinks and plays alcohol in a singing room immediately before her singing room; (b) the Defendant collected the transition (12 cm in the knth length, 22.5 cm in the total length) which is a dangerous object in which he/she had clicking at a restaurant; and (c) the Defendant called the victim “slick, dead, knick.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. B written statements;

1. Application of Acts and subordinate statutes to a report on investigation (an investigation of knife that was a victim's other suspect);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Aggravationd Persons] for mitigation: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment [the area of recommendation and recommendation range], and two months through one year;

3. Determination of sentence is against the defendant, and there is no record of punishment for the same kind of crime, the motive and circumstance of the crime in this case, relationship with the victim, and the fact that the victim does not want the punishment by mutual consent with the victim, the circumstances after the crime, the age of the defendant, character and conduct, family relationship, economic circumstances, etc. shall be comprehensively taken into account, and the punishment shall be determined as ordered.

The summary of this part of the facts charged is as follows: (a) on March 14, 2019, the defendant was sent back to the victim a conjection of plastic material that had been on the restaurant c and the first floor D within the cafeteria around 23:05.

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