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(영문) 인천지방법원 2017.11.30 2016고단8724
폭행등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around November 7, 2016, the Defendant: “Around November 7, 2017, the Defendant: (a) on the street in Nam-gu, Incheon; (b) on the street, the victim C (54 years of age, the pleading separation); and (c) without any special reason, the Defendant: (d) on the street in the Nam-gu, Incheon; and (d) on the street, the victim C (54 years of age, the pleading

“Absing to the purport of “ assaulted the victim’s face face at several times”.

The Defendant, around 11:00 on September 11, 2017, 2017, suffered two injuries, such as damage to the salvity of two fes that require treatment for about 14 days, by the victim F (56 years of age) due to salvating the salvity of the victim by salvating the salvity of the salvar, and by salvating the victim's chest by salvating the salvity of the salvar.

Summary of Evidence

1. The defendant's legal statement "2017 Highest 1711";

1. Protocol concerning suspect interrogation of C: 2017 high group 7652;

1. Statement made by the police with regard to F;

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

1. Article 260 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the relevant criminal facts, the choice of punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act 【The scope of recommended punishment according to the standards for handling multiple crimes” 【The grounds for sentencing under Article 62-2 of the Criminal Act 【The scope of punishment according to the standards for handling multiple crimes ? [2 months - 1 year]: In the mitigated area of general injury [2 months - - 1 year] - Special mitigated person: the basic area [2 months - - 10 months] the basic area of ordinary assault : The degree of injury / 2] . In the case of smooth agreement with the injured party and assault / 2, it is difficult to prevent the re-offending of the accused.

The punishment for six months shall be determined by imprisonment within the scope of the recommended punishment, but the execution shall be suspended for a period of one year on condition of protection observation and participation for the prevention of recidivism.

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