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(영문) 인천지방법원 2019.03.06 2019고단161
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 14:45 on December 29, 2018, the Defendant assaulted the victim by drinking and kneneeing the victim’s face, knenee, who heard the victim’s horse that the victim would return to home while drinking together with the victim, while drinking together with the victim at his/her residence in Michuhol-gu Incheon building and the victim C (39 years of age) of the third floor.

2. On December 29, 2018, the Defendant damaged public goods: (a) around 16:30, in Michuhol-gu, Incheon, Michuhol-gu, Michuhol-gu, Incheon, the police station affiliated with the above police station that is working for the control of access in front of the door of the Michuhol Police Station of Michuhol-gu, Michuhol-gu, Incheon, stating that “I ambak?” was “I ambak?” and (b) said D’s hand, who did not answer any question, caused damage to KRW 50,000 of the repair cost by saving the block of the vehicle breaker.

3. On December 29, 2018, the Defendant violated the Punishment of Minor Offenses Act committed a disturbance for about 20 minutes, such as under the influence of alcohol at the criminal watch room of the Michuholdo Police Station, Michuhol-gu, Incheon, Michuhol-gu, Incheon, at around 16:40, it was difficult for police officers to have avoided a disturbance for about 30 minutes, such as: “If he/she went to a prison, changed to ask him/her, sent him/her to a prison, and her to leave the prison, she found her head, and her head, her bitch, her bitch, cut off, and her bitch, her bitch.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Notification of a department related to reporting 112 cases;

1. Investigation report (No. 10) and photographs of the upper part of the victim C’s wife;

1. Application of the Act and subordinate statutes to a investigation report (No. 12) and a written estimate;

1. Relevant provisions of the Criminal Act and Article 141(1) of the Criminal Act (the point of damage to public goods, the choice of imprisonment), Article 260(1) of the Criminal Act (the point of violence, the choice of imprisonment), and Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance of revocation at government offices and the selection of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following circumstances for sentencing under Article 334(1) of the Criminal Procedure Act, and the Defendant’s age, character and conduct, environment, and motive for committing the instant crime.

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