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(영문) 대전지방법원 천안지원 2017.05.26 2016고단2572
특수폭행
Text

A defendant shall be punished by imprisonment for six 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

피고인은 2016. 9. 29. 12:20 경 C 티 뷰론 터 뷸런스 승용차를 운전하여 아산시 온천동에 있는 중앙로를 온양 온천 역 방면에서 중앙 초등학교 삼거리 방향으로 편도 2 차로 중 우회전 차선인 2 차로를 따라 진행하던 중 중앙 초등학교 삼거리에 이르러 정지하여 좌회전 신호를 기다리고 있었다.

At this time, the defendant was followed by the defendant

D Victim E (57 tax) who is a driver of the taxi, the victim E (57) and the defendant expressed the victim's desire to leave the vehicle, and again, left the vehicle after a sudden stop and left the left.

While the Defendant continued to drive along the two-lanes in the Asan City, the Defendant was aware that the victim’s vehicle driven away his own vehicle while driving along the two-lanes from the 12-lanes, and the vehicle was driven by the victim, while the vehicle was driven by the driver’s vehicle on his own road, and the front part of the taxi driven by the victim was faced with the driver’s vehicle behind the vehicle of the Defendant.

Accordingly, the defendant assaulted the victim by using a dangerous object.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Blus video CD [In full view of the fact that the defendant used a motor vehicle to assault the victim, taking into account the following facts: (a) the defendant used the motor vehicle for his/her own car after taking a bath for the victim; (b) the victim's taxi who was making a stop of the motor vehicle after driving the motor vehicle; (c) the victim's taxi who was making a stop after driving the motor vehicle; and (d) the victim's taxi who was making a stop while driving the motor vehicle; and (d) the victim seems to have suffered a considerable mental and physical shock, it is recognized that the defendant used the motor vehicle to assault the victim;

Application of Statutes

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act 1.

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