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(영문) 서울서부지방법원 2017.03.24 2016고단3613

특수폭행

Text

A defendant shall be punished by imprisonment for 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

On August 24, 2016, the Defendant was driving a C Podrid car around 01:10, and was driving the road of five-lanes of the five-lanes to the river northwest in Mapo-gu Seoul, Mapo-gu, Seoul, along three-lanes, from the parallel intersection to the two-lane intersections, on the ground that the victim D (V, 39 years old) driving the EM3 passenger vehicle was rapidly changing its course in the direction of its proceeding. However, the above Podrid car, which is a dangerous object, was driven by the above SM3 passenger vehicle to stop in front and stop in front of the future, and then received the front part of the above Pod 3 passenger vehicle with the rear part of the above Pod.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (a suspect's vehicle booms investigation);

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended sentence] The sentence shall be imposed in consideration of the following: (a) the field of special mitigation (two months to one year and two months); (b) the mental and physical weakness (not responsible for a person in a special mitigation) (including a person in a special mitigation); (c) the non-execution of the punishment (including a serious effort to recover damage); (d) the motive leading to the crime; (b) the victim does not want the punishment; and (c) the defendant is a deaf-mute.