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(영문) 수원지방법원 성남지원 2013.10.08 2012고합478

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on August 18, 2012, the Defendant: (a) on the front side of the “Triju Agricultural Cooperatives,” located in the Gyeonggi-si, Gwangju-si, the Defendant: (b) on the ground that the victim said that the victim was unable to find his/her destination, and (c) on the ground that he/she said that he/she was unable to find his/her destination, he/she was “Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isle, Isn, Isle, Isle, I

Accordingly, the defendant assaulted the victim C who is the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of statement concerning C prepared by the police;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (Evidence No. 36 pages);

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for affirmative judgment among the following grounds):

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing)

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Determination of Punishment] 4. Violence crime: Injury by a driver of type [Special Convict] - Instigative element of mitigation [Determination of the recommended area] : Imprisonment for 10 months or more to 2 years: imprisonment for a term of 10 months or more [general Convict] - The main reason for mitigation - The main reason for the suspension of execution - The positive reason for the suspension of execution - the positive reason for the general participation - The positive social relation is clear, contingent crimes, serious reflect [Determination of sentence], and the defendant did not have any same criminal record, and the crime of this case was committed contingently.

In addition, the defendant recognizes the crime of this case and is against depth, and the victim does not want the punishment of the defendant.

It is so decided as per Disposition by taking into account such circumstances.