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(영문) 수원지방법원 2017.09.19 2017고단4508

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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.

Reasons

Punishment of the crime

On July 5, 2017, 2017, the Defendant spit the victim's spit on the front of the "C" in the Young-gu, Suwon-si B, Suwon-si, which is located in the front of the victim D (63 tax) of the victim D (63 tax). The Defendant spit the victim's spit on the back of the taxi.

The driver of a motor vehicle in operation, such as the string of the shoulder of the defective victim, the string of the head with his hand, and the continuous string of the head with his/her head, was assaulted by the driver of a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of victims in connection with the preparation of D;

1. Photographs photographs of taxi stuffs;

1. Application of Acts and subordinate statutes on the part of violence;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] assaulting crimes, Type 1 (Special Sentencings), mitigated factors (Special Sentencings) - Inadverse factors of punishment - Where the driver of a motor vehicle in operation assaultss the driver of the motor vehicle in operation [the scope of recommended punishment] basic area, two months of imprisonment or more, or ten months of imprisonment

3. Determination of sentence: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sex, environment, motive and background of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission

[ favorable circumstances] The Defendant acknowledged his mistake while making a confession of the instant crime; the Defendant appears to have reached the instant crime by contingency while under the influence of alcohol; the Defendant and the victim wished to have reached the Defendant’s preference by mutual agreement; the Defendant did not have any record of being punished in excess of a fine.

[Unfavorable Conditions] The crime of this case is operated by the defendant.