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(영문) 인천지방법원 2018.02.22 2017고단4590
폭행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 17, 2017, at around 20:0, the Defendant: (a) expressed the victim’s desire in the “D store” operated by the victim C, in the Nam-gu Incheon Metropolitan City, on the ground that the victim does not receive a telephone; (b) took the victim’s hand at hand on a hand, and assaulted the victim by continuously cutting the victim’s right to the right with his/her hand.

2. On April 17, 2017, at around 20:30, the Defendant: (a) abused a victim’s hand floor on the ground that, while drinking with the victim C while drinking with the victim C, he/she was subject to restraint from his/her employee, he/she was unable to do so; and (b) assaulted the victim at the time of his/her her son’s breacing on the ground that he/she was bad.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of C and G;

1. A written diagnosis of injury and CCTV image data;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [Scope of Recommendation] [No person subject to special sentencing] in the basic area (two to ten months) of Class 1 of the Act on the Aggravated Punishment of Crimes (hereinafter “Aggravated Punishment”) [Judgment of Sentence] [a person subject to special sentencing] of the Defendant committed the instant crime in the course of the suspension of execution due to an act of violence, etc., as well as the fact that the Defendant committed the instant crime in the course of the suspension of execution due to the crime of injury, etc., the victim and his family members seem to have suffered considerable mental pain due to the instant crime, and the form of the instant crime committed by CCTV images is not good.

However, considering the fact that the defendant's mistake is divided into one's own mistake as favorable circumstances to the defendant, and considering the defendant's age, sex, environment, motive and means of the crime, result, etc., all sentencing factors as shown in the arguments in this case, such as the circumstances after the crime, it is decided as ordered.

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