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(영문) 인천지방법원 2015.07.22 2014고단5203
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

At around 14:00 on July 2, 2014, the Defendant used the victim's face flive part of the victim's face by drinking home, and assaulted the victim's flive part of the victim's bridge flive part of the victim's bridge in the front of the D convenience store located in Dong-gu Incheon Metropolitan City, Incheon, on the ground that the victim E (the age of 45) did not turn on his way.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense and Article 260 (1) of the Election of Imprisonment;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (the decision of a suspended sentence) is the case where the degree of assault is minor (the elements of special assault) / [the scope of recommending punishment ] 1 month of imprisonment - 1 month of imprisonment / 6 and 7 months of imprisonment / [the decision of a sentence] / 8 months of imprisonment / (the decision of a sentence of punishment / the decision of a sentence of a punishment ] . However, the defendant is recognized as a criminal act and in depth is relatively minor, the degree of assault is relatively minor, deposit considerable money for the victim, check the real name of the victim, other circumstances that the defendant's age, character and behavior, occupation, motive of the crime, and circumstances after the crime are considered.

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