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(영문) 인천지방법원 2018.06.28 2018고단1255
폭행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2018, around 00:10 on January 14, 2018, the Defendant assaulted the victim by moving the victim's head debt to his hand, while disputing the noise problem between floors in front of the residential entrance of the victim D (25 tax) of the building C in the Nam-gu Incheon Metropolitan City.

Summary of Evidence

1. Application of each legal statement statute of witness D, E, and F;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. According to the above witness’s statement on the reasons for sentencing of Article 62-2 of the Social Service Order and the protection observation, the crime is denied even though it is sufficiently recognized (in particular, there is not sufficient evidence to conceal the credibility of D’s statement, which is a direct witness), and the fact that it exceeds several times in combination with the same and different criminal records is disadvantageous.

However, the execution of punishment shall be suspended on the condition of protection observation and social service in consideration of the fact that the degree of violence is minor and contingent crimes, the background of crime that is caused by noise problems between floors, etc.

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