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(영문) 인천지방법원 2016.10.06 2015고단6418
특수폭행
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 23:50 on September 13, 2015, the Defendant: (a) carried the victim with ordinary interest in “D’s singing room” operated by the victim C (WW) located in Dong-gu Incheon Metropolitan City, and carried the victim’s shoulder with his/her hand, as if he/she carried the victim’s shoulder with his/her hand, on the ground that he/she did not drinking himself/herself; and (b) carried the victim’s shoulder with his/her hand.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing internal investigation reports, copies of alien registration certificates, investigation reports (Attachment to photographs of dangerous objects), foreign crimes and investigation records data inquiry, and individual entry or departure status inquiry by individual;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The scope of sentencing under Article 62(1) of the Criminal Act where the degree of assault is minor (see Articles 1, 6, and 7) to mitigation area (Habitual, Habitual, Habitual, and Special Violence) (see Articles 1, 6, and 7): The scope of sentencing comparison between the applicable sentences and the recommended sentences: April 1, and February (see Articles 1, 6, and 7): the carrying of dangerous things by the defendant is bad, but the carrying of dangerous things by using them is not a crime, and any additional harm was not done by the defendant's hand, and subsequent assault was

The crime of this case did not cause physical injury to the victim, and there were no other criminal records.

In this context, the sentencing conditions specified in the argument of this case, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered by considering the various circumstances.

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