특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 00:10 on April 17, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers) committed assault against the victim’s face on two occasions, while the victim C (the age of 57) who is a proxy driver (the age of 57) driving a DNA vehicle owned by the Defendant was driving at approximately 500 meters away from the jurisdiction of the Republic of Korea Dong-dong Dong-dong Seoul Metropolitan Government, Goyang-si, Goyang-si, Seoul Metropolitan City.
2. Violation of the Punishment of Violence, etc. Act (a group, deadly weapons, etc.) was committed by the Defendant at the same time and place as set forth in paragraph (1), on the ground that the Defendant was able to stop the vehicle due to the Defendant’s assault, thereby cutting off the knife (a total of 30 cm, daily length of 17 cm) which is dangerous articles in the knife and cutting off the knife from the knife, and threatening the victim as the knife.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of seizure records and list statutes;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Election of Specific Crimes, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Sentencing guidelines for sentencing under Article 48 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Crimes of violence, assault, first category (general assault), mitigation area (in cases where the degree of violence is minor), imprisonment with prison labor for up to eight months, and crimes of violence, intimidation, fourth category (special intimidation for repeated offense), basic area, imprisonment with prison labor for six months to one year and six months may occur in danger by assaulting an acting engineer driven by the defendant.