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(영문) 대구지방법원 경주지원 2014.07.23 2014고단312
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 13, 2014, at around 21:30, the Defendant expressed a bath to the victim D (the age of 59) without any justifiable reason while under the influence of alcohol on C bus, which passed the front of the "Wang hot Spring" located on the two North-west side of the Si-si, Sejong, the Defendant took three times the back of the victim with the hand floor.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Where he/she assaults a driver of a motor vehicle in operation (type 1) in the basic area (type 1 to 10 months) (type 2 to 10 months), basic area (type 1) of the suspended sentence under Article 62 (1) of the Criminal Act;

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