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(영문) 의정부지방법원 2017.06.15 2017고단674

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2016, the Defendant: (a) was boarding D-si operated by the victim C from the offline of Eunpyeong-gu Seoul Metropolitan Government around October 1:28, 2016, and was going to the upper wing basin of Jung-gu Seoul Metropolitan Government, a destination, used the victim, who was a driver of a vehicle driving on one occasion at the left side of the Seoul Seo-gu, on the ground that the victim was not driving on the road at his/her own expense.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Act and subordinate statutes on the Investigation Report (Scambling) (Scambling) (Scambling image), CD (Scambling image), video-facing photofacing

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Aggravation factors for sentencing under Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence [Type Sentencing] In the event of assaulting the driver of a vehicle in operation (type 1): In the event of assaulting the driver of a vehicle in operation, the element for mitigation [the scope of recommended punishment] is minor: February - October - October 10, the defendant who commits the crime against the driver of a vehicle in operation with the driver in operation with the knowledge of how the assault against the driver of the vehicle in operation is dangerous, and his responsibility is greater, as he commits the crime against the driver in operation, even though he is well aware of how the assault against the driver of the vehicle in operation is dangerous, the defendant has been punished more than 20 times due to violence, alcohol, interference with the performance of official duties, etc.