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(영문) 서울중앙지방법원 2020.06.19 2020고단3387
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:45 on March 28, 2020, the Defendant reported that the victim D ( South Korea and the age of 36) who is a “C hotel” manager in front of Gangnam-gu Seoul, Seoul, intends to leave the hotel parking lot that the Defendant wants to leave a car with e-mail after dysurology, and prevented the Defendant from leaving the hotel parking lot and caused the Defendant to change the cost of death and cleaning for dysurology.

Therefore, the Defendant, while under the influence of alcohol, committed assault to the victim by driving the said Awddi vehicle, which is a dangerous object even though the victim prevented the Defendant’s driver’s vehicle, and shocking the victim’s bridge with the front part of the vehicle.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) above, the Defendant driven a car with a ID as described in paragraph (1) above while under the influence of alcohol of about 0.126% in the section from Gangnam-gu Seoul to about 60 meters of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as a blood alcohol appraisal statement and accident video CD;

1. Relevant Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting a crime, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment for six months to three years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Class 1 (Special Violence Decision) Crimes (Special Violence Decision). Violence Crimes [Type 6] Cumulative Offense, Special Violence (Special Assault) mitigated element: Penalty not (including serious efforts to recover damage) or substantial part.

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