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(영문) 춘천지방법원 속초지원 2018.10.11 2018고합27
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and 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 May 25, 2018, the Defendant: (a) on the front side of the D-ro located at Sincho-si, Sincho-si, the Defendant 23:40 on May 25, 2018, she was getting on and off a G-si operated by the Victim F (61 Do). On the part of the victim, the Defendant sent out the victim’s shoulder who she was able to open and get out of the driver’s seat while the victim she saws E and she her her her her own taxi, and her her her her son her her her son and her her her son her her her her part, and pushed out his her her her her hands

After that, the vehicle is driving and the victim stopped the vehicle from the vehicle to the driver's seat rapidly, the Defendant opened a driver's seat from the vehicle to the driver's seat and opened the victim's seat, and led the victim to the vehicle behind the vehicle, and led the victim twice in the ground floor, thereby leaving the right side for about two weeks to the right side.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A CD or internal investigation report (victim E-mail);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for more favorable circumstances);

1. The assertion of defense counsel under Article 62-2(1) of the Social Service Order Criminal Act and defense counsel on this issue asserts that the defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of the crime of this case.

According to the above evidence, the facts that the defendant was under the influence of alcohol at the time of committing the crime are recognized, but the defendant had no or weak ability to discern things or make decisions.

As such, the above assertion is not visible.

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