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(영문) 인천지방법원 2019.08.27 2019고단4865
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Around 03:00 on June 13, 2019, the Defendant was boarding a C-si operated by the Victim B (54 years of age) and was working on the Cheongcheon-dong located in the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, Seocheon-gu, the destination of which was the Defendant, and was under the influence of alcohol in front of the “Central District District of the Seocheonsan Police Station,” located in 10, Seocheon-gu, Incheon, Seocheon-gu, Incheon, in order to take the inside studs and interiors of the vehicle without any justifiable reason, and the Defendant used the driver of the vehicle in which the victim was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of statutes on photographs of damage;

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. Article 62 (1) of the Criminal Act (i.e., confession and reflect, and considering the absence of any previous conviction exceeding the fine);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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