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(영문) 의정부지방법원 고양지원 2020.01.30 2019고단3384
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 1, 2019, at around 04:05, the Defendant: (a) 04:05, the Defendant: (b) boarded the head of the Gangnam-gu Seoul Seodong, which was operated by the victim B (the age of 32) prior to the non-displacement of the trade name; (c) caused the victim’s arms going to the front line of the Ka and going to the front line of the Goyang-gu Seoyang-gu, Seoyang-gu; (d) destroyed the plastic box, which was installed in front of the si, connected with the Babbbbbage and the sibage of the mobile phone, and destroyed the cell-lineing that connects the mobile phone show to exchange the black box and the mobile phone show.

Accordingly, the defendant assaulted the victim, who is the driver of the vehicle in operation, and damaged the property.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Photographs of the damaged site;

1. Application of the Acts and subordinate statutes to report an investigation (Submission of data for re-purchase of damaged goods B);

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, Article 366 of the Criminal Act and choice of imprisonment with prison labor for each 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Destruction and Damage of Property) (Determination of Punishment) (Special Destruction and Damage [Type 1] Cumulative Offense, Special Destruction and Damage [Special Destruction and Damage] (Special Destruction and Damage of Property: Reduction element): In cases where punishment is not granted (including serious efforts to recover damage), or significant damage has been recovered (the area of recommendation and the scope of recommendation), mitigation area, one month to August;

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage [No. 1] Damage to Property, etc. (Special Sentencing) (including serious efforts to recover damage), or where significant damage has been recovered, the recommended field.

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