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(영문) 서울동부지방법원 2018.12.13 2018고합291
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 7, 2018, the Defendant: (a) expressed the Defendant’s desire of “Arh-Yan-Yan-Yancheon-Yan-Yancheon Highway, which is located in the Gicheon-si Tri-si Tridong,” stating that “Arh-Yan-San-Wan-Wan-Wan-Wan-Won on behalf of the Defendant for the Defendant’s vehicle B (36 years) is not in the mind of driving; (b) taken the Defendant’s vehicle’s hand on two occasions, with the Defendant’s right side on two occasions; and (c) taken the victim’s right side on one hand when the victim was able to raise an objection from the victim; and (d) took the victim’s side on one hand when the victim’s side was able to take one time more and the victim took a part on one-day side of the victim’s side while driving the vehicle.

2. The Defendant who damaged property stated in paragraph (1) that the facts charged in the fact that the Defendant was the dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

On the side of the 300-meter radius from the front line of the Tol, the damager, as described in paragraph 1, intends to cut off the electric kick, which had been loaded on the upper line, after setting up the said car, and preventing the kick, which is the victim's own kick, directly in the middle line.

It was damaged that approximately KRW 700,000 won of repair costs were damaged by cutting down on the floor and destroying a meter board and a exhauster, etc. by cutting down on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written complaint and a written statement prepared by C;

1. Application of the Acts and subordinate statutes to the injury diagnosis certificate, damaged electric kick photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing violence to a driver), and Article 366 (1) of the Criminal Act (the act of causing damage to property and the selection of imprisonment

1. The punishment provided for in the former part of Article 37 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be imposed in cases of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment).

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