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(영문) 인천지방법원 2017.05.11 2017고단1190
특수폭행
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 August 1, 2016, at around 21:55, the Defendant received a demand for payment of taxi expenses from the victim D (48 tax) who is a taxi engineer in Nam-gu Incheon, Nam-gu, Incheon, for the payment of taxi expenses from the victim, 2-3 times to the victim, Ga (24 cm in total length) who is a dangerous object, and was forced from the victim. On the other hand, the Defendant assaulted the victim by twice the victim's chest side to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to each investigation report (to secureCCTV images and analyze CCTV images, etc.);

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution.

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is 【Scope of Recommendation】 The basic area of assault crimes (Type 6) [6 months - January 10] . The fact that the defendant did not receive any letter from the injured party is disadvantageous to the defendant.

However, it is desirable to give an opportunity to return to sound members of society through treatment within the society, rather than by detention, considering the absence of criminal records of probation or higher.

shall be deemed to have been.

The punishment for six months shall be imposed within the scope of the recommended punishment, but the execution shall be suspended for two years on the condition that the prescribed protection observation is observed in order to prevent recidivism.

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