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(영문) 서울동부지방법원 2015.07.15 2015고단1206
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 April 7, 2015, at around 19:25, the Defendant 236-1, on the street of Gangdong-gu, Gangdong-gu, Seoul, 236-1, called “Yacheon-ro, Docheon-ro, 236-1, was boarding at the seat of the victim B (the 60-year-old-ro), and went to the front of the “Yacheon-ro, Docheon-ro, 278, the Defendant expressed the victim’s desire to “Yaak-ro, Chewing-ro,” and expressed the victim’s right shoulder who is driving.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] Crimes of Type 1 (Special Violence) (Special Mitigation: February or October) in the basic area (Special Mitigation) [Attachment] / In the case of assaulting a driver of a motor vehicle in operation (decision of sentence], there are many violent criminal records and records of having been punished as a driver's assault, but it is against nature, the victim does not want the punishment of the defendant, is a recipient of basic life, the victim is a recipient of basic life, and the health is not good; etc.

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