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(영문) 서울동부지방법원 2017.05.11 2017고단788
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. Around February 21, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc.) (hereinafter “Aggravated Punishment, etc.”) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) at the second floor parking lot located in Gangdong-gu Seoul, Gangdong-gu, Seoul, for the victim D (44 years) who is a substitute driver, to drive a vehicle owned by the Defendant on behalf of the driver, and to the vicinity of the shop. The Defendant: (a) was seated at the back seat of the vehicle in front of the above string and the victim was seated at the back of the vehicle in front of Gangdong-gu, Seoul; and (b) was able to take the defendant’s accurate destination at the village where the victim was living in Gangdong-gu, Seoul; and (c) was able to take the part of the victim’s right by walking on the bridge two times, leading the victim to the front side of the mobile phone once.

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

2. The Defendant, at the time of the day indicated in the preceding paragraph, stopped a vehicle in front of the post office 1309, and left the vehicle after making a 112 report on the assault damage, the Defendant also left the vehicle in front of the post office 1309, depending on the victim, and then the victim was able to take off the face of the victim by drinking the victim at a time, and the victim was able to recover the head of the victim's head and was pushed down with the vehicle, thereby causing injury to the victim, such as damage to the character of the head of other head that requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to each investigation report (including each accompanying material);

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 257 (1) of the Criminal Act (the occupation of an injury) and the choice of imprisonment with prison labor as to 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. Article 62 (1) of the Criminal Act on the suspension of execution (not limited to the degree of damage as a principal offender, and considering the agreement with the victim, etc.);

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