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(영문) 서울서부지방법원 2019.10.24 2019고단1905

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

[Criminal Justice] On June 18, 2019, the Defendant was sentenced to a suspended sentence of two years for a special assault committed by Seoul Southern District Court on October, 2019, and the said judgment became final and conclusive on June 26, 2019.

【Criminal Facts】

The defendant is a person who gets a passenger on the back of C-si operated by the victim B (the age of 68).

On December 23:30, 2018, the Defendant assaulted the victim’s face by drinking it on a drinking basis without any justifiable reason at around the lapse of the high-priced road on the sand room in Seodaemun-gu Seoul Seodong-gu Seoul.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Protocol of the police statement concerning B;

1. Voluntary report, each investigation report (verification of details reported, telephone conversations of a victim, hearing statements of a victim);

1. Previous records of judgment: Application of criminal records, reference materials, and Acts and subordinate statutes (reports related to the confirmation of judgment);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

It is necessary to consider the fact that the degree of assault was not light, that there was a number of crimes favorable to the fact that there was a large number of crimes: contingent crimes under a somewhat lowered judgment ability, that is, agreement with the victim, that there was no record of crime exceeding a relatively long period of fine, that there was no record of crime exceeding a relatively long period of fine, and that the case was tried together with the final judgment (including the addition of probation and community service order in the above judgment), and that it is against the law.