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(영문) 인천지방법원 2019.08.29 2019고단4288
특수폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2019, at around 23:07, the Defendant collected beer disease, which is a dangerous article on the table table, from the victim’s head, in his/her hand, who was demanded by the victim C (n, 57 years of age) in Seo-gu Incheon, to return home as he/she had already been met. On May 16, 2019, the Defendant collected beer disease, which is a dangerous article on the table table, and lowered the head part of the victim’s head one time, and told the beer disease at the right side of the victim D (n, 61 years of age) who spreads it.

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Application of each statute on photographs;

1. Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment for the crime;

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

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

(a) Crimes Nos. 1 and 2 (Determination of Punishment) (Special Violence) (Special Violence) / [Type 6] Cumulative Offense, Special Violence (Special / Aggravated Punishment) mitigated element: In cases where punishment is not granted (including serious efforts to recover damage), or considerable partial damage has been recovered (the area of recommendation and the scope of recommendation), mitigated area, two months to two months of imprisonment;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for two to one year;

2. In light of the method and circumstances of committing the instant crime, etc. committed by beer disease with no particular reason, and was repeatedly punished for committing the instant crime, such as obstruction of business or injury, etc., by drinking alcohol and obstructing another person’s business.

However, considering the fact that the victims who were known to ordinary people stated that there is no problem if they drink the defendant, and that they do not want the punishment of the defendant, and that they are against the police, and that they are divided by mistake, it shall be considered as favorable.

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