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(영문) 수원지방법원 안양지원 2018.09.04 2018고단490

특수폭행등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. A special assault: (a) on January 11, 2018, the Defendant: (b) was on the roads near Doang-si (C) around 18:40, and (c) was under the influence of a victim D (66) on the steering of E-tax operated by the victim D (66). While being under the influence of alcohol, the Defendant was shocked with a G bus driven by F with the right side of the taxi driver without any justifiable reason.

The defendant continued to assault the victim's knife with a snife, which is a dangerous object in a taxi that stops due to an accident.

2. The Defendant: (a) destroyed special property and damaged property, at the time and place specified in paragraph 1, had the taxi driver stand to the right side with the bus.

Accordingly, the Defendant stated that the facts charged in the indictment, which is a dangerous object, with a taxi owned by the victim, shall be damaged to the repair cost of KRW 3,776,00,000, which is the victim D, shall be stated as the "victim F ownership" by the bus operator, but the bus owner shall be corrected in light of the estimate, etc., since the bus owner is seen as the "victim F ownership", it shall be corrected as above.

The bus was damaged to the extent of 1,100,000 won for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to D or H;

1. A written statement;

1. On-site photographs;

1. Written estimate of taxi repair costs and written estimate of bus repair costs;

1. Application of Acts and subordinate statutes to a report on investigation (as to a case of special assault against a suspect);

1. Article 261, Article 260 (1) of the Criminal Act (a point of special assault) concerning the facts constituting an offense, Articles 369 (1), 366 of the Criminal Act (a point of destruction of special property), and Article 366 of the Criminal Act (a point of destruction of property);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (only between the crimes of destruction of special property and the crimes of destruction of property);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The reason for sentencing is reflective: The defendant has no criminal record of suspended sentence or heavier; the defendant has committed a crime committed against him/her.