(영문) 인천지방법원 2020.01.23 2019고단8434

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(영문) 인천지방법원 2020.01.23 2019고단8434

특수폭행등

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 23:50 on August 11, 2019, the Defendant considered that the victim D (Nam, 27 years of age) was fluored in tobacco in front of the “C,” located in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, and found the victim's face at his hand at three times, and the victim F (V, 27 years of age), who is a one-way fluor of the victim, was fluore of the defendant, and parked in G Hp vehicles owned by the defendant, and the victim F (V, 27 years of age), who was fluord in front of the victim's face at the victim's park located in Seo-gu, Incheon, Seo-gu, Incheon, and caused the victim's injury to the victim in order to avoid the danger of the victim's injury to the victim, such as the victim's knife at the front parking lot, which is located in the first floor of the Seo-gu, Incheon, and the victim's injury to the victim's body.

Accordingly, the defendant assaulted the victim D with dangerous things, and suffered injury to the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Records of seizure and the list of seizure;

1. Investigation report (a CCTV record card issued in the course of violence, such as the use of a deadly weapon);

1. Medical certificates and opinions (F);

1. Application of each Act and subordinate statutes on video data;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260 (1) (a point of special violence), Articles 262, 261, 260 (1), and 257 (1) of the Criminal Act (a point of special violence) of the Criminal Act and the choice of imprisonment for a sentence;

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

1. Article 62 (1) of the Criminal Act;

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

(a) No. 1 crime (the decision of type) (the special injury resulting from violence) and violent crime; and

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