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(영문) 창원지방법원 2020.06.09 2020고단639
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:00 on November 1, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed assault, under the influence of alcohol, to the victim’s face while getting on the back seat of the F taxi operated by the victim B (the age of 68) at the seat of the D convenience store located in the Jinhae-gu, Changwon-si, Changwon-si, and moving into the back seat of the Jinwon-dong.

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

2. At the same date and time as described in paragraph 1, the Defendant: (a) when the victim B (the age of 68) stops a taxi in front of the H oil station located in Jingu, Jingu, Jingu; (b) when the victim’s necks down in a driver’s seat and takes the face from drinking by cutting down the victim’s timber; and (c) when the victim spits spits and spits down the victim and the victim with his/her face and head on drinking depending on the victim who continued to get out of the taxi.

As a result, the defendant abused the victim, thereby committing a 14-day scopic scopic scopic scopic scoppy which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. A diagnostic paper and a closure screen;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that there are multiple kinds of penalties, but the fact that they agree with and reflect with the victim is considered);

1. Considering the content of probation, community service, medical treatment order, Defendant’s violent crime committed before probation, suspended sentence, and probation, and a series of offenses committed during recent years, it is recognized that a person who has a habit of drinking alcohol by the Defendant needs to receive outpatient treatment following the high risk of recidivism.

Article 62-2 of the Criminal Act;

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