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(영문) 대전지방법원 2019.03.13 2018고단4379
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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A defendant shall be punished by imprisonment for not less than eight months.

except that 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

Around 23:00 on October 29, 2018, the Defendant: (a) heard the victim’s face one time through a driver’s seat window opened to the driver’s seat where the victim was seated; (b) 10 meters away from b3:00, while the victim’s engine was stopped, and 10 meters away from balke, and 20 meters away from balke-gu, Daejeon, and 3; and (c) 3:00, 4:00, 4:00, 200 to 3:0,00 from 23:0 to 3:0,000; and (d) 4:0,00 from 23:0 to 60; and (d) 1:0,000 to 3:0,000 from 23:0 to 60; and (d) again, 1:00 to 4:0,000 from 20 to 2; and (d) 1:0) 2.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes governing the victim's booms, video CDs and damaged photographs;

1. Provisions applicable to criminal facts, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Selection of Imprisonment with prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of assault crimes [Class 1] general assault [Special Convicts] - The factors to mitigate the punishment (including serious efforts to recover damage) or considerable damage therefrom (the scope of the recommended area and the recommended punishment] mitigation area, one month to eight months [no grounds to suspend the execution of sentence] (no grounds to suspend the execution of sentence shall exist].

3. Determination of sentence: The fact that it is against the victim, the fact that it has agreed with the victim, and the age, character and conduct, environment, family relationship, etc. of the defendant.

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