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(영문) 인천지방법원 2017.11.23 2017고단2964

폭행등

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. No person shall operate any motor vehicle which is not covered by mandatory insurance on a road;

Nevertheless, at around October 14, 2016, the Defendant was driving the J-J-Jhn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wnon

2. On June 5, 2017, around 02:10 on the street, the Defendant: (a) obstructed the Victim M&W car located in the Bupyeong-gu Incheon Bupyeong-gu, Incheon; (b) obstructed the Victim M&W car operating the said seat; (c) took one’s launching to the said victim; and (d) took one’s shooting against the said victim.

In this regard, spits or spits of the above car throughout several times, and spits once by drinking, and damaged the car so that the 660,000 won of the repair cost, such as the color of the board gold.

3. On March 28, 2017, at the office of the Incheon Busan Police StationO located in Bupyeong-gu, Incheon (104), the Defendant was arrested as a criminal of assault prior to the crime of assault and was investigated by the victim P, a police officer belonging to the above police station, and was arrested as a criminal of assault prior to the investigation of the situation of the case, and there was two other police officers in the vicinity of the victim, who was in Q Q and other police officers, who were working in the vicinity of the police station, thereby openly insulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning R, S, T, U, and V;

1. Each police statement in relation to M or P;

1. Written complaint of P;

1. Written estimate or mandatory insurance inquiry;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Compensation for Damages Caused by Alternative Motor Vehicles, the main sentence of Article 8 (Operation of Motor Vehicles which are not mandatory insurance), Article 366 of the Criminal Act, Article 311 of the Criminal Act, and choice of imprisonment, respectively;

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 stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Damage of property (the scope of recommended punishment) general standards;