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(영문) 인천지방법원 2017.01.12 2016고단7499
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2016, around 21:15, the Defendant used the victim C (59 years of age) who is a substitute driver in Gyeyang-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, as a drinking apartment, did not have a route that the victim C (59 years of age) wants in his/her own, assaulted the driver of a motor vehicle in operation at the time of three times the victim's head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession and reflection of a crime, the agreement with the victim);

1. Part concerning dismissal of public prosecution under Article 62-2 of the Criminal Act, such as observation of protection and order to attend lectures;

1. Around September 4, 2016, the Defendant assaulted the victim C (59 years of age) at one time on the right right side of the victim’s drinking in front of the So-dong So-dong So-dong So-dong So-dong So-called Incheon apartment.

2. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

Accordingly, according to the records of this case, it can be acknowledged that the victim withdrawn his/her wish to punish the defendant on January 12, 2017, which was after the prosecution of this case was instituted. Thus, this part of the prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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