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(영문) 수원지방법원 안산지원 2015.01.30 2014고단3061

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 November 9, 2014, around 00:15, the Defendant: (a) taken a victim C driver’s D taxi in front of the bus bus stop in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, and went to the front of the Sinung-si at Sinung-si at Sinung-si, and was able to ask the victim of the accurate destination at the front of the Sinung-si at Sinung-si at Sinung-si. In doing so, the Defendant used the victim’s bathing at his left hand, and assaulted the victim by taking the kn

Summary of Evidence

1. The defendant's partial statement in court (the defendant and his defense counsel make a statement that they are not memory, thereby raising a mental and physical disability. According to the records, although the defendant's drinking is recognized, it does not seem that the defendant's ability to discern things or make decisions has been weak or lost. Thus, the defendant's argument is without merit)

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 on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant recognizes the overall crime and reflects his/her mistake in depth, the degree of assault is not limited, and the defendant has no penalty power exceeding

1. It shall be decided as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;