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(영문) 인천지방법원 2018.06.14 2018고단3029
폭행등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 11, 2017, around 16:35, the Defendant was unable to clean the public toilets used by neighboring merchants C in front of the toilets in Seo-gu Incheon, Seo-gu, Incheon. On the ground that the Defendant did not properly clean the toilets, and whether the Defendant did not clean the toilets.

In doing a bath theory, “the victim’s breath is bread with breath, breath at hand, and 17:15 on the same day, the victim’s breath from the damaged person in the toilet in the above building, and breathddd the breath, and breaddd the victim’s breath, and bread the victim’s breath by drinking.

As a result, the Defendant inflicted bodily injury on the victim, such as the injury of satch satitis that requires approximately 2 weeks of treatment, and the injury of satch saturine that requires approximately 7 days of treatment.

2. On October 11, 2017, the Defendant, at around 17:15, the victim D, who was the wife of C, photographs the Defendant using a cell phone at the places indicated in paragraph (1) around October 17:15, 2017, and assaulted the victim by pushing ahead with him.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

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

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment for a crime;

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. 【The grounds for sentencing under Article 62-2 of the Criminal Act 【The scope of recommendation according to the standards for handling multiple crimes】 Special mitigated persons: (a) the punishment of injured victims is not imposed; (b) the degree of violence is minor; (c) the punishment for four months shall be imposed within the scope of the recommended punishment, taking into account the degree of violence, the degree of punishment is limited; and (d) the punishment for four months shall be suspended for one year on condition of taking lectures for the prevention of recidivism.

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