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(영문) 인천지방법원 2020.01.22 2019고단7237
특수폭행치상
Text

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

Around 07:40 on October 2, 2019, the Defendant: (a) committed assault against the victim’s right side of the victim and the buckbucks, etc. on the street in front of Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City, by demanding the victim D (Inn, 49 years of age) to pay the outstanding amount; (b) the victim’s demand on the string of the Defendant’s vehicle; and (c) caused the victim to the victim’s right side glass and the buckbucks to stop moving the Defendant’s vehicle; and (d) continuously, the said victim moved the Defendant’s vehicle from the string of the defect that prevents the Defendant from moving the vehicle to the driver’s seat; and (d) caused the victim to suffer injury, such as damage to the sprink for about 14 days by driving the Defendant’s vehicle

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles 262, 261, 260(1), and 257(1) of the Criminal Act concerning criminal facts and Articles 262, 261, 260(1), and 257(1) of the Criminal Act concerning the selection of punishment shall apply mutatis mutandis to the indictment, which shall be construed as applying mutatis mutandis the provisions of Articles 262, 261, 260(1), and 258-2(1) of the Criminal Act. However, in the case of bodily injury resulting from special violence, it is reasonable to interpret that the indictment shall be punished according to the precedent under Article 257(

(See Supreme Court Decision 2018Do3443 Decided July 24, 2018). 1. Article 62(1) of the Criminal Act on the Suspension of Execution

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Sentencing [Determination of Punishment]

2. The defendant who made the decision of sentencing has led to the confession of crimes and the victim to immediately leave the vehicle; and

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