특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 23, 2018, at around 20:50, the Defendant was on the top of a D-si vehicle operated by the victim C (the age of 46) in the front of Seogu, Daegu.
The Defendant, under the influence of alcohol, expressed the victim’s desire to “this dog, spacule, spacule,” without any justifiable reason, and the Defendant expressed the victim’s desire to ignore it and re-spacule to “I do not have to do so,” and assaulted three times the victim’s face part and the head part.
The defendant continued to restrain the victim from committing his assault, and assaulted the victim's neck on the left-hand side in a way that gets into her body by reducing three parts of the victim's neck.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to a report on investigation (limited to attachment of photographs of parts damaged by a victim);
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Probation Criminal Act, when the defendant uses violence against the driver of a vehicle in operation, the nature of the crime is not good, and the defendant has a record of having been punished several times for violent crimes, etc.
However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, including the fact that the defendant led to the crime of this case, and the mistake is divided, that the victim does not want punishment by agreement with the victim, and that the defendant's age, character and conduct, environment, family relationship, means and consequence of the crime, and circumstances after the crime.