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(영문) 수원지방법원 2017.06.08 2017고합133

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On January 30, 2017, the Defendant: (a) committed assault on the part of the victim D (the 58 years old), an acting driver, who driven the said vehicle on the vehicle in Ctrax XG owned by the Defendant, which was in a different channel of the flux of the wife population, around 20:40 on January 30, 2017; (b) obstructed the victim’s head from the damaged person; and (c) caused the victim by assault, such as fluoring the victim’s head, fluoring the fluor’s head, fluoring the fluor, and fluoring the fluor, thereby causing injury to the victim, such as brain, which requires approximately two weeks of medical treatment.

Accordingly, the defendant abused the driver of a vehicle in operation, thereby causing the injury to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. References to factual inquiries;

1. Application of Acts and subordinate statutes to a criminal investigation report (including attachment, etc. of a medical certificate of injury to a victim);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Determination as to the assertion by the Defendant and the defense counsel under Article 62(1) of the Criminal Act (defluence of favorable circumstances among the following grounds for sentencing)

1. The summary of the claim is that the injured party’s wife suffered from the instant act by the Defendant is able to recover nature, even if there is no particular treatment, and does not constitute “injury” under the above law.

2. In the crime of injury in judgment means that the injury inflicted upon the victim’s physical integrity or physiological function (see, e.g., Supreme Court Decision 99Do4305, Feb. 25, 2000). The following circumstances acknowledged by the evidence revealed by the aforementioned evidence: (i) the victim stated in the investigative agency that “the victim was aware of the victim’s head, satisfy, satfy, satfy, and satfy, satfy, and satfy with satfy by drinking,” and (ii) the victim stated in E hospital on January 30, 2017 as of the date of the occurrence of the case.