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(영문) 대전지방법원 2017.02.15 2016고단4270
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 14, 2016, the Defendant: (a) 22:35, the Seo-gu, Daejeon, Seo-gu, Daejeon, on the ground that the Defendant was aboard the Do office of the same Dong, the purpose of which is to be taken by the victim C (64) as a passenger in the front of the Do office of the Do office operated by the victim C (64 ) in front of the Do office of the Do office of the public market; (b) on the ground that the Defendant was not in the direction to think of the Defendant, the Defendant “Ah

In doing so, “the breath of the victim,” and assaulted the victim by hand, such as breathing the breath of the victim.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Article of the Act;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act shall be determined as follows: The scope of recommendation, sentence (the basic area (two months to ten months) and the following circumstances shall be considered:

The unfavorable circumstances: The defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are committed, such as the fact that there is a history of punishment about 12 times for the same crime, assault of the driver of a motor vehicle in operation, etc.: Recognizing the facts of the crime, the victim's damage is recovered, and the injured person is not punished by the defendant.

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