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(영문) 서울서부지방법원 2021.02.16 2020고단3627

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for four 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 October 23, 2020, around 23:54, the Defendant boarded the victim’s head with his left hand when he takes the victim’s face and the rear side of the victim’s right by using his left hand, while driving to the victim’s C si in the Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Dongdaemun-gu, Seoul, and driving to the destination of the 68 years old-gu, Mapo-gu, Seoul. In short, the Defendant assaulted the driver of a motor vehicle driving to the left hand of the victim with his head, without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. 112 Application of the 112 Report Processing List, each internal report or investigation report (the analysis of black stuffs, the confirmation of black stuffs image), attached documents (the image analysis photograph), and statutes;

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 grounds for sentencing under Article 62(1) of the Criminal Act are as follows, and other conditions of sentencing specified in the pleading of this case shall be determined as ordered in consideration of the following circumstances.

Unfavorable circumstances: The nature of the crime itself is not good, and the degree of assault is also less favorable: The crime is a crime under the state of somewhat lowering decentralization, the subsequent agreement with the victim, the fact that there has been no past record of the crime exceeding fines, and it is against the fact that there is no record of the crime.