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(영문) 서울서부지방법원 2017.06.23 2017고단685

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On December 31, 2016, around 16:40 on December 31, 2016, the Defendant was driven by a victim C (71 years of age) while drunk in front of Yongsan-gu Seoul Metropolitan Government, and thereafter was scheduled to have a destination from the victim.

In addition, without any reason, the victim was able to take care of the victim's head while taking care of the victim without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to cut a black stuff image;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Part dismissing the prosecution under Article 62(1) of the Criminal Act (i.e., confession, reflectivity, background of the crime, record of the crime, etc.)

1. On December 31, 2016, the Defendant: (a) around 16:40 on December 31, 2016, at the front of the F police box located in Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant took the part of the victim C’s head one time as a hand floor.

2. Determination and conclusion

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

(c) Submission of an agreement to the effect that the victim is not subject to punishment on June 20, 2017;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;