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(영문) 수원지방법원 안산지원 2018.04.18 2018고단153
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2017, around 20:20 on the 20:20, the Defendant was drunkly driving in the Jeju Jeju Jeju Jeju Jeju Jeju Island, and returned to the back seat of the coos car owned by the Defendant, the agent (60 years old) to C, the Defendant was driving on the back seat of the coos car and returned to the lower seat of the coos car owned by the Defendant, and on the same day, the Defendant was driving on the cuas car at the 20:45 Simsan Madong-dong Highway, Dongdong-dong Highway.

"Is you wish to kill" to the victim after shamping the scarf (34 cm in total length, 20 cm in blades) which is a dangerous object that has been in the top of the string, which is a dangerous object.

“Along with the Defendant’s appearance, assaulted the victim’s face at one time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Articles 261 and 260 (1) of the Criminal Act concerning the crime (the occupation of a special assault);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The sentencing conditions under Article 48(1)1 of the Confiscation Criminal Act, including the Defendant’s age, sex, family relation, etc., shall be determined by taking into account the following normal relation: (a) the Defendant’s age, sex, and family relation.

· Unfavorable circumstances: The fact that there are many criminal records of violence and the favorable circumstances: The confession and reflect, and the fact that there is an agreement with the victim.

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