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(영문) 대전지방법원 천안지원 2016.07.07 2016고단388
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

(b) : around 20, the victim E (the other and the 61-year-old) was boarding a F taxi operated by the victim E (the other and the 61-year-old) on the front of the Sacheon-dong, Yangcheon-gu, Seoul and then taking a bath for the victim under the influence of alcohol to the road near the Hasung-si, Masung-si, Eup, Do, and the Hasung-si, Hasung-si, at the same time, he was under the influence of alcohol, while taking a bath for the victim without any reason. The victim’s right arms are 10 times and the victim

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. Application of C’s written laws and regulations

1. Article 5-10 (1) of the Punishment of Violences, etc. Act and the selection of a sentence of imprisonment with prison labor for a crime under the relevant provision of the Act;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation * Group 1 crime: highest 388 [the scope of recommended punishment] in the basic area (two to ten months) (two to a special mitigation) (including a serious effort to recover damage) or where considerable damage has been restored / Where a driver of a motor vehicle in operation commits violence against the driver of a motor vehicle in operation (type 1) * Group 2 crime: 2016 highest 670 [the scope of recommended punishment] in the basic area (two months to ten months) [the person who has been specially mitigated] in the basic area (including a serious effort to recover damage) [the person who has committed violence against the driver of a motor vehicle in operation] in any case where the driver of a motor vehicle has been damaged by a considerable part, or in any case where the driver of a motor vehicle has been damaged by a considerable part of the damaged motor vehicle, regardless of the last sentence of imprisonment between January to February 1, 201]

The fact that the defendant is suffering from the disease due to cerebrovascularism, the fact that the victims agree with the victim, and the treatment is more favorable.

The punishment shall be determined by taking these circumstances into consideration.

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