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(영문) 인천지방법원 2019.11.26 2019고단5814
특수폭행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 59) are between them.

On April 27, 2019, the Defendant: (a) around 02:38, the Defendant, at the residence of Seo-gu Incheon, Seo-gu, Incheon, CBD D, and (b) performed drinking together with his sons, on the ground that the victim was under the influence of alcohol, and was assaulted against the victim on the right side of the victim one time, on the ground that the victim was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on internal investigation (on-site conditions, etc.);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant legal provisions on criminal facts, Articles 261 and 260(1) of the Criminal Act regarding the choice of punishment, the grounds for sentencing of imprisonment with labor are the confessions and reflects against the accused, and there is no record of punishment after 2011.

However, despite the fact that the defendant had been punished several times, including punishment for violent crimes, the crime of this case was committed, and the victim's panty prices the victim's panty and the defendant's panty is heavy.

The victim was unable to receive a letter of suspicion from the victim.

Comprehensively taking into account such circumstances as well as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence shall be determined as ordered.

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