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(영문) 전주지방법원 2018.11.29 2018고합69

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had a complaint from the injured party several times on the ground that he or she claimed that he or she was living together with C at the home of the injured party B (55) and C, who was living together with C.

around 00:50 on December 7, 2017, the Defendant discovered that the victim would drive the E-vehicle before the exit of the Mapo-si D parking lot, and that the victim will act as a tent, and opened a chief light of the E-vehicle and up to the chief lighting.

After that, even though the defendant pointed out the fact that he had been living before the victim, he denied the fact of assault by the victim, he saw the victim's boom and the boom at the same time, he saw the victim's boom and clock at the same time, and 20 times the victim's left side was flick.

The Defendant continued to attract the victim from his arms to outside the chief of the conciliation, and the victim was 15 times as a son who was fright by drinking the victim, and the victim was frightened by asking about the victim's fright and frightened by asking about 15 times as a frighter.

In this way, the defendant assaulted the victim who is the driver of the cargo vehicle in operation and caused the injury to the right side of the cargo which requires treatment for 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. A protocol concerning the suspect B of the police;

1. Investigation report (suspect B, injury diagnosis report submitted by the suspect);

1. Application of the Acts and subordinate statutes on the scene photographs, photo of the cargo vehicles operated by B, photo of the vehicle's internal blood scams (B blood scamscams), and photo of the suspect B damaged body photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)