beta
(영문) 창원지방법원 통영지원 2016.06.10 2016고단339

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On March 27, 2016, the Defendant refused to pay and pay the fee to the victim under the victim D (the victim South, the age of 57) who was stopped on the road of the C church located in the C church located in Dong Young-si B, and the victim arrived at his/her destination in the E-si in driving of the C church located in B (the age of 57). On the other hand, he/she refused to pay and pay the fee to the victim, and he/she requested the victim to pay the fee twice, and the victim moved the said taxi to the North Korean territory by driving the said taxi.

Defendant 1 continued to take a bath for the victim who driven such vehicles in operation as above, brought the victim’s head to the back of the victim’s head, knife the victim’s head, knife the victim’s head, and then knife the victim’s head into the hand floor three times.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. On the same day as above 1. 20:26 on the same day, the Defendant: (a) the police officer, who was working in the Northern District of the Dong-gu Police Station located in the Dong-gu Police Station in the 40th century, expressed a defective desire to investigate the instant situation; (b) caused the Defendant’s damage to public goods by putting the computer monitors equivalent to KRW 100,000,000,000 in the market price on the table, on his/her hand.

Accordingly, the Defendant destroyed the goods used by public offices, thereby impairing their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (a crime committed by a driver of a motor vehicle in transit), Article 141 (1) of the Criminal Act (a crime committed against damage to public goods), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution (in agreement with the victim of the assault, a victim does not want the punishment of the defendant, and the damaged part of the public goods has also been repaid, and the defendant is against the law;