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(영문) 수원지방법원 2017.01.11 2016고단7203
특수폭행등
Text

A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant is a person who was living together with the victim D (V, 44 years old) and from April 2012 to October 2015, and was under protection, by continuously finding the victim even after he or she was at risk of threatening the victim, such as “a person who is likely to be sexually ill at the time when he or she was in progress.” As a result, the victim requested the protection of the victim, and was designated as a person to be protected from September 23, 2016, as the person to be protected from the police station in Taedong-dong Police Agency from the day when he or she requested the protection of the victim.

1. On November 17, 2016, the Defendant, while under the influence of alcohol at around 10:05, driven a car with the highest level of 10km from the distance of about 10km to the direction of about 10km in the English 39-3 in the color of the wife population in Permitted-si, the Defendant driven a car with a alcohol level of about 0.188% in alcohol level from the blood alcohol level to the front of 106.

2. On November 17, 2016, the Defendant: (a) driven a low-speed car, such as paragraph (1) and discovered a victim who moves to a walking place, and (b) divided the windows into two occasions on November 17, 2016, and became the victim.

However, the victim neglected this and set off his Glearning car, and the defendant was found to have been on two occasions after the victim was on board as the front part of the above string passenger car, which is a dangerous object being driven by the defendant.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (with respect to letters sent to the victim by the victim);

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Articles 261 and 260 (1) of the Criminal Act (the point of special assault) and the choice of imprisonment with prison labor, respectively;

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. Suspension of execution;

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