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(영문) 대전지방법원 서산지원 2018.06.27 2018고단387
특수폭행등
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

1. On August 15, 2017, the Defendant: (a) while driving a car in the direction of the victim E (52) while driving the vehicle in the direction of the victim E (52 years of age) at the front of Sckion-si C, Seosan-si, Seosan. Around August 15, 2017, the Defendant: (b) carried the vehicle in the direction to drive the vehicle in the direction of the victim; and (c) the victim, who caused the accident, carried the vehicle in the window of the Defendant’s vehicle, carried the vehicle in front and rear in order to cause the victim to knife the knife the knife; and (d) caused the victim to go beyond the damaged road by driving the vehicle in the direction of the vehicle in the speed of the victim.

Accordingly, the defendant, carrying a dangerous object, and assaulted the victim.

2. On August 15, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a car at the section of approximately 1.1km from the 1.1km to the front day of the “I kindergarten” located in Seogsan-si H from the G in Seogsan-si without obtaining a driver’s license around 20:30 on August 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and J;

1. The following inquiry and the application of Acts and subordinate statutes to investigation reports (related to driving distance without a license of the suspect);

1. Relevant Article of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (the occupation of assaulting carrying dangerous articles), Articles 152 subparag. 1, 43 (Conduct of Unlicensed Driving) of the Road Traffic Act, and the choice of imprisonment for each sentence concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Other circumstances, including the Defendant’s age, environment, sex, motive of the crime and circumstances after the crime, etc., that have the same record as the Defendant for sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant did not use books or agreements from the damaged persons, and the Defendant recognized the Defendant’s mistake and repents, etc., shall be determined as ordered by the same order, taking into account all of the circumstances, which are the sentencing conditions specified in the instant pleadings

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