logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.07.06 2017고단2868
특수폭행등
Text

A defendant shall be punished by imprisonment for four 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

1. On January 21, 2017, at around 21:50, the Defendant assaulted the victim by showing the attitude that male behaviors of the victim FF, who had been inside the usual c, were frighted while drinking alcohol at the E main point of the operation of D in Nam-gu Incheon Metropolitan City, and was frighted on the table table where the victim F was a dangerous object for the victim F, so that the fright was frighted, and that the fright was frighted on the table table where the victim was the victim, and that the fright was frighted on the part of the victim, and that the fright was frighted on the part of the victim.

2. On January 21, 2017, from around 21:50 to 22:00 of the same day, the Defendant: (a) exercised violence against F; (b) avoided disturbance; and (c) obstructed the victim’s business operation of the said main shop.

3. The Defendant had shown the same attitude as paying the drinking value at the same time and place as the above 1. Paragraph (1) above, and had been provided with beer, beer, and singing services equivalent to the total market value of 78,000 won from the victim D, and acquired pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of on-site photographs, invoices, investigation reports (verification of cash and the balance of the check of the suspect), the application of statutes for inquiry into the balance;

1. Relevant provisions of the Criminal Act and Articles 261 and 260(1) of the Criminal Act (a point of special assault) concerning criminal facts; Articles 314(1) (a) and 347(1) (a) of the Criminal Act; Articles 314(1) and 347(1) (a point of fraud) of the Criminal Act; and the choice of imprisonment, respectively;

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 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. The scope of the recommended sentence according to the sentencing guidelines for the crime No. 1 (b) [the scope of the recommended sentence] and the crime of assault (Habitual, repeated, repeated, and special assault) committed in Category 6 (Habitual, Habitual) and the mitigation area ( April to one year), [the person subject to special mitigation] the punishment not for the person subject to punishment (including the person subject to serious efforts to recover damage), or where considerable damage has been recovered, the second crime (the scope of the recommended sentence) committed in general fraud.

arrow