(영문) 창원지방법원 진주지원 2016.08.17 2016고단517

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(영문) 창원지방법원 진주지원 2016.08.17 2016고단517

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 18:40 on May 7, 2016, on the front day of the “C” heading “C” located in Jinju-si B, on the ground that the Defendant was in front of a member of G commission located in D(63) in Jinju-si F, while getting in a private taxi in front of a member of G commission located in D(63) in Jinju-si, and was driving the victim back to the road, is deemed to have inflicted injury on the victim.

(d) Death.

‘A driver of a motor vehicle who is in operation on one occasion at the left side of the victim's face, with the term "the driver of a motor vehicle who is in operation of a motor vehicle," was spawning.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. In light of the fact that the Defendant committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation had the record of having been punished several times as a crime of the same kind of violence, and that the crime of assaulting the driver of a vehicle in operation requires strict punishment because of the considerable risk, the Defendant’s liability for the crime is not somewhat weak.

However, the following facts are considered as favorable to the defendant: (a) the defendant reflects his/her criminal act; (b) the extent of the defendant's assault is not severe; and (c) the defendant's assault is reached an agreement with the victim; and (d) the defendant's age and sexual conduct, etc. are considered as favorable to the defendant; and (e) the defendant's age and sexual conduct,

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

-형법 제62조의2

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