(영문) 인천지방법원 2017.06.07 2017고단1663

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.06.07 2017고단1663

특수폭행

Text

A defendant shall be punished by imprisonment for not more than ten 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

On December 25, 2016, around 20:31, 2016, the Defendant argued with the victim D (31 tax) who is the head of the Defendant’s former wife C, and the Defendant took the typ for replacement by taking the typ for replacement, which is a dangerous object in the custody of the Defendant’s vehicle, and then the Defendant took the typ for the victim as the victim would turn off the above typ as the victim would put.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Reasons for the sentencing of Article 62-2 of the Criminal Act [the scope of recommendations] / [the grounds for the sentencing of Article 62-2 of the Social Service Order and Order to Attend the lecture / [the scope of recommendations] / [the sentence of June through January 10) / [the sentence of June] / The sentence of this case shall be determined within the scope of the recommended sentence by comprehensively taking into account the sentencing conditions specified in the trial process of this case, such as the defendant's age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc. under the following circumstances:

A favorable circumstances: The defendant led to confession and reflect on the crime of this case.

There is no past record of punishment of imprisonment without prison labor or heavier punishment.

The crime of this case is a dangerous object and thus, it is necessary to punish another person with heavy danger.

The victim did not agree with the victim.

참조조문

유사 판례

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