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(영문) 인천지방법원 2018.04.25 2018고단811
특수폭행
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2018, the Defendant: (a) around 08:45 on January 13, 2018, around 08:45, in D, the victim E formed a horse dispute between the Defendant and F, and (b) purchased the victim’s face left part by gathering and displaying a smoke, which is a dangerous thing that had been located therein.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E-Agreements;

1. Application of Acts and subordinate statutes to investigation reports (suspect A counterpart investigation, etc.);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act, the fact that the defendant is not good in the nature of the crime of this case, the fact that the defendant has been punished several times for violent crimes, the fact that the defendant is against the crime of this case, the defendant's agreement with the victim and the victim does not want the punishment of the defendant, and the defendant's age, sex behavior, environment, motive and circumstance of the crime of this case, means and method of the crime of this case, circumstances after the crime of this case, etc., the sentence like the order shall be determined by taking into account the following factors:

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