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(영문) 수원지방법원 2014.05.30 2014고단808

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On January 27, 2014, the Defendant: (a) 22:30 on January 27, 2014, while taking a bath in the state of drinking in B-si where he was under the influence of alcohol, and assaulted the victim C(55 years of age) with ear and arms.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] The execution of the sentence shall be suspended in consideration of the following: (a) term of imprisonment for four months; (b) term of suspension of execution; (c) term of imprisonment for one year; and (d) term of attending lecture for violent therapy (the high risk of committing the instant crime by assaulting a driver who was operating a taxi; and (e) term of imprisonment for the same kind of crime; (b) term of imprisonment for the accused is against the accused; (c) term of imprisonment; (d) term of imprisonment is against the victim; (d) the degree of assault is relatively minor; (e) term of imprisonment is relatively minor; and (e) term of imprisonment for a crime of assault; and (e) term of taking lectures for violent therapy; and (e) term