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(영문) 수원지방법원 2016.03.29 2015고합337
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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

1. On March 16, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) was running in Suwon Apartment-ro 14-8, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, 88, Suwon-si, Suwon-si, Suwon-si, the victim C (56 years of age) was unable to find any disturbance at his house on the ground that it was difficult for the Defendant to escape from disturbance. However, on the ground that he was found at his house as of March 16, 2015.

As a result, the defendant assaulted the driver of a vehicle in operation and caused the victim to take care of about two weeks into consideration, and caused the victim to face-to-face injury.

2. Special intimidation Defendant: (a) around 15:10 on March 16, 2015, at 198 Dolsan 198 Dolsan Dolsan Dolsan 88, Dolsan Dolsan Doldol-ro, Suwon-si, Suwon-si, “packer will be unable to live today.”

I would not see the inside of the Republic of Korea. I would like to amp.p.

C. As C.E. F. H. H. H. H. H. H. H. H. H., the left left part of the f. M. M., a deadly weapon (30cm in length, 19cc in length) was f.h., and the victim was threatened.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Part concerning C’s statement in the second prosecutor’s examination protocol against the defendant

1. Part concerning C’s statement in the second police interrogation protocol against the defendant

1. Each police statement protocol against C and E;

1. Police seizure records;

1. Application of the Acts and subordinate statutes of injury diagnostic certificate (the 86th page of investigation records);

1. Articles 5-10 (2) and 5-10 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13351, Jun. 22, 2015) concerning criminal facts, and Articles 284 and 283 (1) of the Criminal Act (the occupation of intimidation carrying a deadly weapon and the choice of imprisonment with prison labor)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the punishment is aggregated with the long-term punishment of the crimes above two crimes) of the same Act;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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