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(영문) 서울동부지방법원 2020.12.14 2020고단2950
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 12, 2020, the Defendant: (a) 23:20 on August 12, 2020, the Defendant was boarding a C-si operated by the injured party B (Nam, 70 years of age) in front of the e-mail club located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; and (b) 23:30 on the same day, the Defendant used the driver of a motor vehicle in operation, i.e., getting in the e-si located in Gangdong-gu, Seoul, Gangdong-gu, Seoul, for drinking at the middle point of the 43-3,00-3,00-dong, Songpa-gu, Songpa-gu, Songpa-gu, Seoul, to take a bath for the victim; and (c) assaulted

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol protocol law to B

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of violent crimes [Type 1] general assault [Special Aggravation] - Where the driver of a motor vehicle in operation has abused the driver of a motor vehicle in operation [the area of recommendations and the scope of recommendations] increased area, there is no person who has been sentenced to imprisonment for four months to one year [the grounds for suspension of execution] (the grounds for suspension of execution of a general person] - The grounds for general pride: contingent crimes;

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence;

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