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(영문) 청주지방법원 2015.03.24 2014고단1089

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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A defendant shall be punished by imprisonment for not less than eight 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

At around 22:25 on June 4, 2013, the Defendant: (a) moved to the lower seat of the Cheongju-si, Cheongju-si, the Defendant: (b) moved to the lower seat of the Fststy Gun of 38 years old; (c) changed the destination several times; and (d) did not pay the taxi fee; (d) moved to the lower seat of the Y-si; (e) moved to the Y-si; (e) without any justifiable reason, the victim’s head car was cut down; and (e) the victim’s head car was turned back to the hand floor at one time; and (e) the victim’s coke was frighted once a week.

The Defendant assaulted a victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The Defendant in the reason for sentencing committed an assault against the driver of a vehicle in driving, and the degree of such assault is difficult to be considered minor.

Although the defendant was at the sentencing date, he was not a large amount, he deposited a certain amount.

Although the defendant is not capable of memory, he is seeking the wife by recognizing the crime.

Sentencing sentencing guidelines recommended by the Sentencing Committee after selecting imprisonment;

3. 폭행범죄≫ 제1유형(일반폭행) ≫ 가중영역 ⇒ 징역 4월~1년 의 범위 내에서 형기를 정한다.

Considering the fact that the defendant's age appears to be a contingent crime, and the detention of the defendant seems to be accompanied by excessive difficulty, the execution of a sentence shall be suspended by additional order of social service.

It is so decided as per Disposition for the above reasons.