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(영문) 춘천지방법원 영월지원 2019.05.14 2019고단20
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2018, at around 23:06, the Defendant: (a) boarded the victim D(55 years old) in front of the restaurant “C” on the road located in the Bupyeong-gun of Gangwon-gu; and (b) moved to the office of the Defendant.

On January 2018, the Defendant committed assault, such as: (a) the victim was living in front of the Defendant’s house, a destination, and temporarily stopped the victim’s face at one time; (b) the victim was driving a taxi again to move to the Bupyeong Police Station, and (c) the victim continued driving the taxi on three occasions; and (d) the victim was able to fright the victim’s arms by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of photographic and boomic image images;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The element of mitigation of a general assault [the category 1] general assault (including a person who has made a special appearance): Where the driver of a motor vehicle in operation has been injured (including a serious effort to recover damage) or has been considerably damaged, the element of aggravation according to the sentencing guidelines: The basic area of the recommendation [the scope of the recommendation field and the recommendation type], the basic area of the driver of the motor vehicle in operation (the scope of the recommendation field and the recommendation type], and February through October;

3. An act of assaulting a driver of a motor vehicle who is under the sentence of sentence is not only an act of causing harm to the driver concerned, but also an act of threatening the safety of the general public, such as passengers and pedestrians;

The responsibility of the defendant is very heavy.

Moreover, the defendant is a violent crime.

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