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(영문) 춘천지방법원 2017.12.19 2017고단1005
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

On August 11, 2017, the Defendant: (a) filed a left-hand return to the Defendant on the ground that the victim C(56) was faced with the head’s window by making a left-hand return to the left-hand turn on the front of a two apartment located in Chuncheon-si, 03:30, 317, a two-way 11, a 317-gil, a two-way-ro 317, a two-way-ro 4, a two-way-ro 5, a two-way-ro 5, a two-way-side-ro 5, a two-way-ro 5

In doing a bath theory, “the driver of a motor vehicle in operation by putting the victim’s breath with his hand and booming strings,” etc., assaulting the driver of a motor vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness C’s statutory statement law

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] / [the grounds for sentencing under Article 62-2 of the Social Service Order and Order to Attend the lecture / [the scope of recommendations] / In the case of assaulting a victim on the part of the basic area (including two months to ten months), the punishment is not imposed (including a serious effort to recover damage), or where considerable damage has been restored / In the case of assaulting a driver on the part of the vehicle in operation (the decision of sentence] / The act of assaulting the victim on the part of the defendant is not somewhat less than that of the act; the defendant committed the crime of this case even though he had the record of punishment for violent crimes from around 2003 to August 2016, and in particular, the crime of this case committed the crime of this case against the defendant during the suspension period of execution due to the same kind of crime.

On the other hand, the fact that the defendant has led to the confession of the crime of this case, and that the agreement has been reached with the victim is an element of sentencing favorable to the defendant.

In addition, the sentencing conditions specified in the argument of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.

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