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(영문) 서울북부지방법원 2013.12.06 2013고합312
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 9, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed an assault to the victim’s left hand hand hand, plaled, plaled and plaled, plaled, and dump 2 dump dump dump dump, which is operated by the victim C (age 62) from the Magdong-dong located in Seongdong-gu Seoul Metropolitan Government on the top of the Magdong-dong of Seongdong-gu, and dump dump, dump, dump, dump 2, which requires the victim to take care of approximately two weeks, on the ground that the said dump passes 3rd dump in front of the 313 subway Dong-dong, Jongno-gu, Seoul.

2. The Defendant damaged the property amounting to approximately KRW 247,50,00 for repairing costs, such as making the taxi chief glass at a time, at the same time, and at the same place as the above 1. Paragraph (1) of the same Article, and making it possible for the Defendant to bring about approximately KRW 247,50.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (in cases of injury diagnosis report, etc., circumstantial evidence that the victim was operating at the time of assault) and injury diagnosis report;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles and written estimates of general repair expenses;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Drivers, Violence, etc.) within the scope of adding up

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Defendant’s assertion of Article 62-2 of the Criminal Act and defense counsel is determined.

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