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(영문) 서울남부지방법원 2017.07.12 2017고단891
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 27, 2017, around 01:30, the Defendant: (a) boarded the victim B (56) on the back seat of the New-dong, Yangcheon-gu, Seoul at an elementary school near the elementary school; and (b) assaulted the victim who was operating a car by getting off the front seat of the 3-si, Yangcheon-gu, Seoul at the 4-dong, New-dong, Yangcheon-gu, Yangcheon-gu, Seoul, on two occasions at the time of the expiration of the middle school shooting distance between the two middle school.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Aggravation of the recommended punishment according to the sentencing guidelines: Violence (one type) general assault (a) (a person subject to special sentencing): Where the driver of a motor vehicle in operation assaults the driver of the motor vehicle, (a) the area of recommendation and the scope of the recommended punishment), the area of aggravation of the punishment, four months to one year.

3. Reasons for the suspension of execution [main reasons for the suspension of execution] (general reasons): If the driver of a motor vehicle in operation is the victim, there is no effort to recover the damage, positive: there is no criminal record of the suspension of execution of execution or more, and it is serious reflect.

4. An act of assaulting a driver of a motor vehicle who is under a decision of sentencing is very dangerous, and the accused has been sentenced three times to a fine prior to violence is disadvantageous to the accused, and the accused has led to the confession and reflect of his/her mistake, the accused has no criminal record prior to the suspension of execution, the favorable circumstances are that there is no criminal record prior to the suspension of execution, and other conditions of sentencing specified in the record and the change of the sentence as ordered.

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