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(영문) 수원지방법원 안산지원 2018.12.13 2018고합276
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Around 01:00 on July 16, 2018, the Defendant: (a) boarded the Defendant’s car driven by the Defendant, a proxy engineer, at the Shodong-dong Shodong-dong, and returned to the Defendant’s car; (b) was passing around the south of the car in the Bho-dong-dong-dong-si, and (c) was passing around the south of the car in the Bho-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and had the Victim’s shoulder, back, back, and face who was driving

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances specified in the grounds for sentencing) of the mitigated amount;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed normal conditions favorable to the above)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] [the types of violence [the person causing violence to a driver] Class 4 (the person causing special sentencing] mitigated elements: There is no minor injury (2 and 4 types), no penalty fine (the person causing general sentencing] [the scope of the recommended punishment] five months to two years, and special mitigation areas; and

3. The offense of assault by a person who has been sentenced to sentence is not limited to infringing on the body or property of a non-victim, but is likely to cause damage to the lives, body or property of many and unspecified persons by causing traffic accidents, and thus has a great social reputation.

Furthermore, even though the defendant had a record of criminal punishment several times due to violent crimes, the defendant committed the crime of this case which assaults the victim without any reason even though he was under the influence of alcohol, and the nature of such crime is not weak.

However, the defendant is led to confession and reflect, there is no record of criminal punishment heavier than suspended sentence, and the degree of damage is relatively minor compared to assault, and three million won shall be paid to the victim.

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