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(영문) 수원지방법원 안산지원 2013.10.18 2013고합240

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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

Reasons

Punishment of the crime

1. Around 00:30 on August 4, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed an assault against the victim, who is a driver of a vehicle in operation, by taking advantage of the victim D (the age of 62) on the front side of bus stops in a light-to-de C apartment 4 complex, and by taking advantage of the victim D (the age of 62) for the reason that the victim was broken up at the above place, and then taking back the victim again from the above bus, and then taking back the victim again from the bus, and then cutting the victim's face into the arms of the victim in operation.

As a result, the Defendant caused the injury to the victim of the 15-day medical treatment for 15 days.

2. The Defendant causing property damage, at the same time and place as above, destroyed and damaged the property equivalent to KRW 341,00 in total at the market price by walking back the slot door of the driver protection wall, which is the victim FF corporation, and walking back again with the automatic door server.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Examination protocol of police suspect regarding D;

1. Each statement of the defendant and D;

1. Application of Acts and subordinate statutes to damaged products and photographs of victims, written diagnosis of injury, estimates, and investigation reports (CCTV image verification);

1. Article 5-10 (2) (former part) and Article 5-10 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Drivers, Violence, etc.) within the scope of adding up

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 of the Criminal Act: