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(영문) 광주지방법원 2017.12.14 2017고단3534
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 10, 2017, the Defendant: (a) 22:00, she boarded the victim’s back seat in front of the agricultural cooperative located in Gwangju-dong-gu, Gwangju-gu, on the side of the victim B (52:3); (b) 1) 3:0, the Defendant used the victim’s back seat in front of the agricultural cooperative located in Gwangju-dong-dong-dong-gu, the Defendant 2:6, at the end of the apartment complex in the middle of the 4-ro complex in Gwangju North-gu, Seo-gu, Seo-gu, Gwangju-gu, 3:4, the Defendant used the victim’s back water at one time.

2. On July 10, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault) committed the victim at the time and place described in paragraph (1) as described in paragraph (1). On July 10, 2017, the victimized person moved to the two rocks district of the Police Station in Gwangju Northernbuk-gu and moved to the police station in order to report the Defendant to the police, and the damaged person was in front of the modern apartment located in Gwangju Northern-dong, Gwangju Northern-gu. In so doing, the Defendant was able to kick down the victim’s neck by scambling the victim

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) against the crime, Article 260 (1) of the Criminal Act 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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

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

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

(a) A crime of Category 1 (Scope of Recommendation) where he/she assaults a driver of a motor vehicle in the form of aggravation (4 months to 1 year) in the area of aggravation (special aggravation) (a person in a special aggravation)

(b) The final range of punishment due to the aggravation of the crimes No. 2 [Scope of Recommendation] No. 1 (General Violence) and the basic area (No. 2 months-10 months) (Special Sentencing) of the crimes: April to January 1.

2. Determination of sentence;

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