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(영문) 광주지방법원 해남지원 2016.01.07 2015고단501
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 28, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) committed assault, such as: (a) the victim’s arms going on a cab in front of the Yaam-dong, which is in front of the Yaam-dong, for the purpose of getting on the Yaam-gun located in front of the Yaam-dong; (b) whether there is composition Ri in front of the Yannam-Gun, which is located in front of the Yaam-dong; and (c) the victim was unable to find an accurate destination after having arrived in the vicinity of the Yannam-Gun on the same day on the ground that the 22:30th day back of the same day, and then, (d) around 1646 near the 1646th day, the Defendant committed assault, such as cutting off the victim’s arms while taking the victim’s right buck.

2. In around 22:40 on October 28, 2015, the Defendant: (a) asked the victim D, a police officer belonging to the South Korean police station, who was subject to the aforementioned crime, to ask the victim whether he/she was assaulted by the said crime; and (b) provided that the victim D, who was the police officer belonging to the South Korean police station, was in the presence of the victim B, etc., who was subject to the said assaulted by the victim; and (c) made a public insult of the victim, such as “the victim,” “the victim,” who was in the presence of the victim B, etc., “the victim, she must sphere, sphere, and sheed

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B or D;

1. Violence, video CDs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of a black booming screen image)

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by drivers), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) Where he/she assaults a driver in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Scope of Recommendation) [Scope of Assaults] of the basic area (two months to ten months), [special mitigation/increased] of punishment / Where he/she assaults a driver of a motor vehicle in operation;

(b) application of standards for handling multiple crimes;

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