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(영문) 인천지방법원부천지원 2020.11.24 2020고단2137
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On September 16, 2020, the Defendant was sentenced to a suspension of execution of four months of imprisonment with prison labor for assault to the Incheon District Court on September 16, 202, and the judgment became final and conclusive on September 24, 2020.

【Criminal Facts】

"200 Highest 2137"

1. On March 26, 2020, the injured Defendant: (a) moved out of the restaurant to the victim D(59 years of age) for the reason that it would be against the victim D(59 years of age); (b) moved out of the restaurant in hand the victim's chest and arms, and continued to break out the victim's chest and arms, and then, (c) turned out the victim's neck and buckbucks, which require approximately 30 days of treatment to the victim, caused damage to the body of the victim and the body of the inside part.

"200 Highest 3872"

2. Around September 21, 2020, the Defendant, at the main point of “F of Gyeyang-gu Incheon E 2’s 2nd floor,” he saw from the owner of the plant, the Defendant: (a) obstructed the victim G (the age of 61) who had drinking alcohol on other tables, without any particular reason, to walk the victim’s face at a time; (b) assaulted the victim by drinking alcohol at a time after going beyond the 2nd floor of “F of Gyeyang-gu Incheon, Gyeyang-gu E 2nd floor; and (c) assaulting the victim G (the age of 61) who had drinking alcohol on other tables, without any particular reason.

Summary of Evidence

[200 Highest 2137]

1. Defendant's legal statement;

1. The report of internal investigation of the police interrogation protocol of H on the suspect interrogation protocol of H, the investigation report (the CCTV I analysis), the investigation report (the counter party to the witness J) and the written diagnosis of injury [2020 order 3872] of the defendant's written statement of the police concerning G in the court statement statement of the defendant concerning G in the court statement [200 order 3872] The investigation report of the defendant's written statement in the court statement (the related Acts and subordinate statutes

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act committed the instant crime even though the Defendant had had a record of being punished by violence.

(q).

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