beta
(영문) 수원지방법원 성남지원 2015.01.30 2014고단2881

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for four 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

On October 20, 2014, at around 06:10, the Defendant: (a) 3703 Geumdong-dong, Sungnam-gu, Sungnam-dong, Geumdong-dong, Geumdong-dong, which was driven by the victim C, used a short distance outflow; (b) around 06:20 on the same day, the Defendant placed the victim parked in order to take a signal signal at the roads adjacent to the D Building in Sungnam-gu, Sungnam-gu, Sungnam-si; (c) however, the victim was said to be unable to take a walk because he was able to take a serious bath to the victim; and (d) the Defendant assaulted the driver of a motor vehicle that was driven on the ground that he reported two times the victim's right shoulder of the driver's seat who was driven by drinking while taking a heavy bath to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of the police protocol law to C

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are criminal records having been sentenced two times to suspended sentence of imprisonment for violent crimes and fines, but the criminal defendant is committed by committing a crime, and the defendant is divided, and the victim does not want the punishment against the defendant shall be determined as the same as the order, considering the fact that the defendant does not want it.