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(영문) 인천지방법원 부천지원 2018.09.19 2018고단1953
특수폭행
Text

A defendant shall be punished by imprisonment for six 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 May 30, 2018, the Defendant assaulted “D” main points located in Seocheon-si C on the ground that the victim E (39 years old) would be bad in this part of this part, and 3 times off the victim E (the victim et al.) who was placed in his/her neighborhood, and 49 years off the right side part of the victim F (the victim F (the victim 49 years old) who would restrain it.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. Application of the Acts and subordinate statutes to photographs by cutting down each damaged part of the photograph or video;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, and the choice of imprisonment 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 Act on the suspended execution;

1. Determination of the same sentence as the disposition shall be made by comprehensively taking into account the following circumstances for sentencing under Article 62-2 of the Criminal Act, the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc.:

- The defendants have a lot of history of punishment for the same kind of crime.

However, without doing so, two people use another dangerous object, and the possibility of recidivism seems to be high.

- Crimes of breathing and using violence to those who are not aware of alcohol are bad.

However, it shows an attitude to recognize and repent his mistake.

- The victims shall be subject to death, and the victims shall not be punished for the defendant by agreement.

- there have been many victims.

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