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(영문) 인천지방법원 2017.06.23 2016고단6193
폭행등
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

The defendant and the victim C(39 tax) of "2016 Highest 6193" reside in the Bupyeong-gu Incheon Metropolitan Government D and the 13th floor E public notice.

On September 22, 2016, around 22:00, the Defendant conspiredd that the victim would slick due to alcohol in a ward in the above E-Public Notice Hostel, and assaulted the victim by lighting the victim’s neck and walking the bucks.

On April 15, 2017, the Defendant “(2017)” from the Victim F (27 years old) who resides there, while drinking alcohol in the telehallway of the 13th floor E public notice of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, about 00:15, and drinking alcohol in the telehallway of the 13th floor E public notice.

I would like to hear the word "," and brue the victim with severe desire, and "I will die and die by finding his/her parents."

"............ the victim was threatened by considering the attitude that the injured party, who is a dangerous object, seems to be at the time of provoking the head of the injured party.

Summary of Evidence

"2016 Highest 6193"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation: "2017 Highest 3147";

1. Statement by the defendant in court;

1. A written statement;

1. A report on internal investigation and investigation report (Attachment to any weather non-cinematographic data);

1. Application of photographic Acts and subordinate statutes to image extract;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier special intimidation);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Assaults) and Group 1 (General Assaults) (Determinations in the territory of recommendation), the basic area of assault crimes [the scope of recommendation] [the scope of punishment] imprisonment from February to October [the person subject to general sentencing] - The mitigated elements: Serious reflect [whether suspended execution is suspended] - negative reasons for general consideration are not less than twice.

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