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(영문) 수원지방법원 안산지원 2019.05.22 2018고단4688
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six 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

Around 03:40 on August 11, 2018, the Defendant assaulted the victim’s right face by his hand who used a cigarette to be a substitute engineer operating benz C due to the victim D (ma, 58 years of age) and the destination and charge.

Summary of Evidence

1. Defendant's legal statement;

1. Determination on the witness D’s legal statement 1, the defendant and defense counsel’s assertion

1. The defendant and his defense counsel asserted that while the defendant and his defense counsel argued at the time of the instant case that, while the victim had a conflict with the victim, they only reported the victim's behavior to the police because the victim's behavior in a new scarcity was doubtful, and that there was no fact that the victim's face was committed by his hand.

2. The victim may be consistently found at any time while driving the vehicle, but the defendant stated that the vehicle reported to the police after stopping at the wind of the victim who was operating the vehicle by hand at the seat of the victim who was operating the vehicle by hand.

The defendant did not pay 30,00 won to make a false report to the victim, and if the victim was assaulted, he/she continued to sit without getting out of the vehicle or guidance. However, in light of the fact that the victim first reported to the police (Evidence List No. 5112 Report Department) or the degree of assault, etc., it is difficult to deem that the victim reported to the police by falsity even though the victim did not have been assaulted solely on the ground that he/she did not have been assaulted.

In line with the statement of the victim, the victim's sub-pict photographs were submitted.

At the time, the defendant was in a dispute with the victim, and the defendant also acknowledges that the defendant has taken a big action by hand of a cigarette lock in the process.

In the present situation, a cigarette is locked under the circumstances.

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