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(영문) 춘천지방법원 2015.06.04 2015고단303

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Around March 7, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers Violence) committed assault on the part of the victim C (the age of 56) who was operating a street in front of the reservoir in Chuncheon-si, Chuncheon-si, and on the part of the victim C (the age of 56) who was operating a street in front of the reservoir in the old tree. While the Defendant did not have a taxi, the Defendant used the victim’s face, who was the driver of the vehicle in operation of the said defect, on one occasion at the time of drinking.

2. The Defendant destroyed property damage at the above date, time, and place, and as seen above, the damage was inflicted on the victim C and the victim’s firecrackion and card size that was installed on the taxi b, thereby causing the damage equivalent to KRW 443,00,00 in the car repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs related to the case;

1. A written statement to be prepared;

1. Written estimate, written estimate, and written estimate;

1. Application of the Acts and subordinate statutes on investigation reports (copis, video-recordings and video-recordings);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act concerning the relevant criminal facts and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Criminal Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] The basic area (two to ten months) of the crime of assault (a person who is specially mitigated) (including a person who has been specially mitigated), or where the driver of a motor vehicle in operation has committed an assault against the victim (one type). The decision of sentence] The defendant paid two million won to the victim, and the victim does not want the punishment against the defendant, the defendant has no criminal record of suspended execution or more due to the assault and the damage of property, and his depth reflects the crime.