beta
(영문) 서울북부지방법원 2017.09.14 2017고단3003

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The punishment of a defendant shall be eight months.

Reasons

Punishment of the crime

1. On May 12, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) was driven by C (62 tax) in the vicinity of the water basin in the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, the Defendant was under the influence of alcohol and was under the influence of alcohol in the vicinity of the water basin C (62) around May 12, 201, and C was under the influence of alcohol, and C was under the influence of alcohol and was under the influence of alcohol without any reason.

“” She saw that the horse was defective, the left hand of C driving with the left hand at one time, and the chin of C by drinking.

The Defendant assaulted the Victim C, a driver of the same vehicle in operation.

2. The Defendant, at around 23:30 on the same day, tried to wear C voluntarily from the frontway in Dobong-gu Seoul Metropolitan Government, who was reported by 112, controlled the Defendant of the security guard H (53 Dop) belonging to the Seoul Dobong Police Station G police box in Seoul, which was called out after receiving a 112 report. The Defendant was 5 times the face of H with his her her son by her hand and her flab and her flab.

H은 약 2주 동안 치료가 필요한 뇌진탕 등의 상처를 입었고, 쓰고 있던 안경 (30 만 원 정도) 이 바닥에 떨어지면서 안경알이 빠지는 등 부숴 졌다.

The Defendant assaulted police officers who perform legitimate duties in relation to the prevention of this crime, and at the same time inflicted an injury on the victim H and damaged his/her property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to C and H;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing the injury injury father and opticians;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 136 (1), 257 (1), and 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Determination of a sentence under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as an aggravated punishment for concurrent crimes;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to two years and up to eight months;

2. Decision of punishment: to recognize errors;

There is 12 years of a fine.