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(영문) 광주지방법원 목포지원 2018.10.12 2018고단631
특수폭행등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

1. Around June 3, 2018, the Defendant: (a) while driving a bicycle with C 124C motor engine devices on the front side of B B on the 15:20th of Jun. 3, 2018, the victim was obvious to the victim D on the date of the traffic accident; and (b) during that process, the victim was aware that the Defendant did not have a motor device license, and reported to 112.

The Defendant tried to leave the scene to avoid the illegal driving of a driver without a license in order to avoid being exposed to the police, and assaulted the victim by shocking the victim's left side kne and right kne and right kne, so as to prevent the Defendant from walking the bicycle, which is a dangerous object, in front and rear.

2. On June 3, 2018, the Defendant: (a) driven a bicycle with a motor device C 124C motor device without a motor device license within a section of approximately 50 meters from the front of the F at F at F at F at Mapo-si to B at Mapo-si; (b) on June 3, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the occupation of special violence, the choice of imprisonment), Articles 154 subparagraph 2 and 43 of the Road Traffic Act concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Although the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had been convicted by the defendant on account of driving without a license, the order is issued in consideration of the following: the defendant was committed at the time of committing the crime; the defendant did not want the punishment against the defendant; the defendant did not have any criminal record for the violent crime; the defendant did not have any criminal record; the age, sexual behavior, environment, etc. of the defendant was shown in the arguments of this case.

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