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(영문) 인천지방법원 2015.11.18 2015고단2196
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant was sentenced to six months of imprisonment for obstruction of performance of official duties, etc. by the Incheon District Court, and completed the execution of the sentence in the Incheon Detention House on March 24, 2014.

1. On April 11, 2015, at around 21:30, the Defendant: (a) expressed, without any justifiable reason, the victim D(32 years of age), who was under the influence of alcohol at the front of the Southern-gu Incheon Metropolitan City, that the victim was seated in the driver’s seat in the front of the EF i30 vehicle owned by the victim D(32 years of age), and caused the damage to ensure that the front part of the said vehicle is defective and the market price is repaired.

2. At around 22:30 on the same day, the Defendant used the victim’s desire to take care of the victim D, who was waiting for female-friendly implements at the same place, and used each item (79cm in length) which is a dangerous object from the road to the victim’s head, and used the victim’s left part while avoiding the victim’s escape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A photograph of the damaged vehicle, and each item photograph;

1. Application of Acts and subordinate statutes on criminal investigation reports (verification of the date of release of a suspect and reporting accompanied by judgments of the same kind of case);

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, there is no reason [the first crime] reason for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending] violence [the scope of recommending] [special violence] that there is no ground for special mitigation [the elements] of the same repeated crime [special mitigation] in the area of aggravation of imprisonment [the special aggravation] of the six types of assault crimes [the elements of special aggravation] [the sentencing criteria] [the second crime] committed prior to the enforcement of the sentencing criteria for

The range of final sentence due to the aggravation of multiple offenses: the crimes on which the sentencing guidelines are set in August 8-2 and the crimes on which the sentencing guidelines are not set.

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