logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.11.25 2016고단4466
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around September 26, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) went to a destination on the front of the “C” in the Southern-si, Namyang-si, which was driven by the victim D (the age of 58) on the front of the “C” (the age of 58) on September 26, 2016, and went to a destination. On the same day at around 23:25, the Defendant was trying to open a door at a “food” in the Jin-si, Jin-si management of Jin-si at the same time on the same day on the same day.

In addition, the Defendant took a bath to the victim who restrains this, “the Bath Bath,” and took the victim’s face at one time due to drinking.

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

2. The Defendant of a special assault committed an assault against the victim, which is a dangerous thing that was placed on the road after the Defendant gets a drinking to the victim, without paying a taxi fee at the date, time, and place set forth in paragraph 1, and then used the plastic pipe (174 cm in length, 11.5 cm in diameter) to display it to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Recording notes;

1. A taxi receipt;

1. Application of plastic pipe photographs, bricks, and photographs of the victim's face;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 261 and 260 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where he/she assaults a driver of a motor vehicle in operation (person subject to special mitigation) in the basic sphere (two months to ten months) (special mitigation) of types 1 of the crimes (the scope of recommending punishment) according to the sentencing guidelines, he/she shall be subject to the second crime (the scope of recommending punishment).

arrow