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(영문) 인천지방법원 2017.11.10 2017고단6430
폭행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 6, 2017, at around 01:50, the Defendant used the victim E (25 years) face at hand on the street in front of the "C" in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and assaulted the victim E (25 years old) at one time by giving rise to the victim E (25 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with regard to a victim D with heavy circumstances)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 1 and 2 of the Act on the Punishment of Violence (Assaults) [Determinations in the sphere of recommendation] / [Determination in the sphere of recommendation] / [Scope of punishment] / 2 months to 10 months / 10 months / [general sentencing person] mitigation elements / The term / The term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term / the term /

(b) Two months to one year and three months of imprisonment in the final sentence scope. [The result of the multiple crimes aggravation (No. 1 crime maximum 2 crime maximum 1/2)]

2. The defendant who has been sentenced to 18 times criminal punishment, and who has been sentenced to criminal punishment for violent inclinations among them, shall have the same record of 16 times, and the criminal records of imprisonment four times, and the criminal records of suspended execution are two times; and

The defendant seems to have violent tendency, such as assaulting victims, on the ground that the defendant was faced with the shoulder in order to catch a taxi after drinking.

The victims agreed to or agreed from the victims.

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