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(영문) 서울남부지방법원 2020.08.25 2019고단6146
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2019, the Defendant assaulted the victim, who is the driver of a motor vehicle in operation, such as cutting the victim’s arms and the driver’s seat, cutting down the victim’s head and scking the knife with knife, in his hand, on the front of the “C,” located in Guro-gu Seoul Metropolitan Government, on the road in front of the “C,” which was operated by the victim D (the age of 43).

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Punishment of Specific Crimes.

1. The reasons for sentencing under Article 62(1) of the Criminal Act, including the following circumstances, are to be taken into account: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) relationship with the victim; (c) motive, means and consequence of the commission of the crime; and (d) the conditions for sentencing under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, are to be taken into

D. Unfavorable circumstances: Violence against the driver of a vehicle in operation is likely to lead to a large amount of accident, which is highly likely to be criticized, and the circumstances favorable to the fact that he/she has not been able to use from the victim: It is decided as ordered by the disposition for the reason that he/she has no previous offense except several fines

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