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(영문) 인천지방법원 부천지원 2014.11.13 2014고단2536
폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 24, 2014, at around 16:00, the Defendant, at the “C” restaurant located on the 1st floor, Seocheon-gu, Seocheon-gu B, Seocheon-gu, 2014, the Defendant took a bath to the victim D (n, 56 years of age) who is an employee of the above restaurant, and committed assault against the victim, such as taking a breath of the victim’s buck with the hand floor and extinguishing the head.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes 1 to photographs of damaged parts, investigation reports (the counter-investigation of shootings), investigation reports (the recording of voice Ephone statement), and telephone recordingcad 1;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant asserts to the effect that the Defendant was in a state of mental and physical disability under the influence of alcohol at the time of the above crime.

According to the records, although the defendant's drinking at the time of the above crime is recognized, it cannot be seen that the defendant's ability to discern things or make decisions has been weak or lost. Thus, the above assertion is rejected.

Reasons for sentencing

1. The scope of recommendation [decision of types] the sentencing criteria for violent crimes, the sentencing criteria for violent crimes, the crimes of assault and the general violence (type 1) (the scope of recommendation punishment] (the scope of recommendation punishment). From February to October (Basic Field);

2. Determination of sentence: A sentence shall be imposed as ordered in consideration of various circumstances, such as the fact that the inferior criminal defendant is against himself, and the defendant has caused the instant crime by contingency under the influence of alcohol, in light of the fact that he/she has been sentenced to a fine several times for a period of four months of imprisonment, one year of suspended sentence, one year of community service, and 40 hours of violence;

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