beta
(영문) 서울동부지방법원 2017.11.17 2017고단2861

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:20 on August 2, 2017, the Defendant: (a) boarded in the back seat of C-si (55) operated by the victim B (5) in front of the children’s large park station in Gwangjin-gu Seoul Special Metropolitan City, and was traveling to the military automatic, which is the purpose of the military, on the ground that the victim cannot have been aware of the destination; and (b) “I am a special situation where I am a stop am a stop am.” and “I am a special situation where I am a stop am. I am.

“In doing so, the victim, who is a driver of a vehicle in operation, was assaulted when he/she gets to the right of the victim’s drinking.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A sentence like the order shall be imposed in consideration of the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., although there was a history of punishment as a crime of violence on several occasions with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and the agreement with the victim, and other various sentencing conditions such as the defendant'