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(영문) 광주지방법원 순천지원 2015.10.15 2015고합91
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 21:50 on May 8, 2015, the Defendant: (a) committed an assault against the victim by putting the victim out of her inner diameter he / she worn a D taxi that he gets driven by the victim C, and committing an assault against the victim by putting the victim out of her inner diameter he / she gets worn off in front of the SamsungSDR company house located in the New F&SI city at the time when she was in operation; (b) she does not come to the end; (c) she has a gushee, not an altitude; (d) she is with a flach, not a flash. Ha. Had the complete driving; and (e) she was flad.

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

2. In the same date, time, and place as mentioned in the above paragraph 1, the injured Defendant: (a) taken the cab from a taxi with the victim who gets off the taxi; (b) 3 to 4 times fat the victim’s breath; (c) off the victim’s inside fat; (d) off the victim’s face on 5 occasions with her hand; and (e) left the victim’s face by her hand in the victim’s face.

As a result, the Defendant inflicted bodily injury on the victim, such as the impairment of the head of the part requiring medical treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (C);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime and Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The main point of the argument is that the injured party’s wife who suffered from the victim can recover nature without being treated, and it does not constitute injury, and the defendant is under the influence of alcohol to the extent that the situation at the time is unable to memory.

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