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(영문) 서울북부지방법원 2016.04.21 2015고단4581
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 22, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) was driving along the victim C (75 years of age) from the ozone distance inside the 5-dong, Seongbuk-gu, Seoul to D and moved to the direction of the Seoul Franc Police Station located in 135, Seongbuk-gu, Seongbuk-gu, Seoul. On the front of the "F convenience point" in the same E, on the ground that the victim was prevented from smoking in the vehicle, and was prevented from smoking in his/her hand from smoking on the ground that he/she was prevented from smoking in the vehicle.

“ and threatened the victim.”

Accordingly, the defendant threatened the driver of a vehicle in operation.

2. The defendant who damages property shall take out a mobile phone in order for the victim to report his/her mobile phone to the police at the same time and place as paragraph (1).

In addition, the cell phone was laid down on the ground floor by cutting the cell phone from the hand, and the cell phone owned by the victim was damaged by 59,000 won.

3. The Defendant: (a) committed assault to a person who wants to leave a place at the same time and place as paragraph (1); (b) committed assault against the victim by her hand at two times or more; and (c) by walking the victim’s bridge four times or more; and (d) committed assault against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. A report on investigation (an investigation conducted against the other party of a harvested person);

1. Investigation report (to hear statements made by victims C);

1. A report on investigation (to hear statements from wooden persons G);

1. Application of Acts and subordinate statutes to a report on investigation (112 reporter's telephone listening);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the choice of imprisonment for each sentence;

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 on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act.

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