(영문) 인천지방법원 부천지원 2019.05.24 2019고단626

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(영문) 인천지방법원 부천지원 2019.05.24 2019고단626

특수폭행

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

On January 12, 2019, the Defendant, at the parking lot for the Seodo Highway C Rest located in Seosan-si B around 17:00, tried to bring about a minute to unspecified persons on the ground that other vehicles in the operation of the Dsan PP car owned by the Defendant are gal use and chemicalization.

On the other hand, the Defendant continued to drive the above rest area with a sun-dried driver, to see the victim E (n, 43 years old) who was in the parking area, to drive the vehicle, and to find the victim E (n, 43 years old) who was in the parking area, and passed by the victim, and to the victim E (n, 43 years old) who was in the parking area of the above rest area by taking out the first stude of the non-carbon total (a dangerous object in the vehicle), which is a dangerous object in the vehicle, and served around the victim E (n, 43 years old).

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing the victim's body photographs and the victim's black stay images;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] and the basic area ( April to January and October) (no special person) of the sentencing criteria shall be the category six assault crimes;

2. Determination of sentence: The crime of this case for six months in prison, and two years in suspended sentence is committed by the defendant in total, which is a dangerous object without any special reason, and thus, the method and nature of the crime are not good, and if the defendant's dead bombs meet the body of the victim, the risk of real name and the possibility of criticism is also disadvantageous to the defendant.

However, the defendant committed the crime of this case.

참조조문

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