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(영문) 서울중앙지방법원 2014.08.07 2014고단3845

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) spit in the tea that the Defendant spited into the Seocho-gu Yang Dong-dong, Seocho-gu, the destination of which is the victim C (the age of 52) running around the five entrance in Gangnam-gu, Gangnam-gu, Seoul, Seoul, on February 14, 2014.

At this time, on the ground that the victim spits or spits against the defendant on the ground that the victim spits "dos or spits down the son or spit.", the defendant took a bath to the victim, "I am spits, v. I am son.........................."

2. The Defendant, after being injured, was at the above date, at the same time, and at the same place, the victim saw the victim’s breath with his hand to stop the taxi, and her face and chest.

As a result, the Defendant inflicted an injury on the victim, such as dynas, on the bones of 14 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to each investigation report (referring to the submission of an injury certificate and an USB, and the details of voice recording stored in an USB);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the crime, the choice of imprisonment with prison labor;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act [Scope of Recommendation] 1 of the Suspension of Execution: Class I (General Bodily Injury), the special mitigation area (Insignificant injury, non-influence of punishment, January or 1), the scope of final sentencing due to the aggravation of multiple crimes (influence of punishment, January or August) of the mitigation area (general violence), the mitigation area (influence of punishment, January or August): one month to April (decision of sentencing), and all times of violence, etc. before the unfavorable circumstances.

The favorable circumstances - the times of committing crimes, and the mistakes are divided.

- There shall be no penalty power exceeding a fine.

- The degree of injury is not relatively heavy;