logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2016.08.24 2016고합35
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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

On January 7, 2016, the Defendant abused the victim by assaulting the victim, such as taking the victim's head from drinking, taking the victim's head from drinking to drinking, and taking the son's head from drinking to drinking, and taking the son's son's son's son's son's son's son's son's son's son's son's son's cab's son's son's son's cab's son's son's son's son's son's Dob.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. A medical certificate;

1. Application of the investigation report (Attachment of a photograph by cutting a black boom) and the Acts and subordinate statutes concerning CDs recording;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act, the observation of protection and community service order

1. The Defendant and his defense counsel’s assertion that the Defendant were kidnapped by the Defendant and his defense counsel had inflicted an injury on the victim by assaulting the victim to avoid the situation. Thus, such an act by the Defendant is justified as a legitimate defense or an improper defense.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the court at the time of the instant case: (a) there was an urgent and unjustifiable infringement on the Defendant; or (b) there was a justifiable reason for the Defendant to mislead the Defendant.

It is difficult to see it.

In addition, the defendant's act cannot be considered to be reasonable in terms of social norms.

This is the crime of this case.

arrow