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(영문) 서울북부지방법원 2018.12.21 2018고합362
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

On August 2, 2018, at around 02:18, the Defendant was moving to the exit No. 1 in the subway dong Station located in the same Gu, the purpose of which is to get a victim C (55) on board the head of the Dobong-gu Gu Community Center located in Dobong-gu Seoul Metropolitan Government, and was moving to the exit no. 1 in the subway dong Station located in the same Gu, which is located in the same Gu. On the ground that the victim was stopped at the exit no. 1 in the Changdong Station, but rather than the exit no. 1 in the Changdong Station, the Defendant took a bath to the victim on the ground that he was moving to the exit no. 1 in his own direction.

It stated in paragraph 1 of this Article and stated that "I will deduct the advance fee for the portion that I return to the road by mistake" from the damaged person, but continue to collect "Ye Mep, Mep and Mep, the taxi article may bring about money to the way well known;

In doing so, the crop fla head "," the face of the victim can be taken several times by drinking, and the victim's head was cut three times by Handphones, and the victim's head was broken down by flab and knife at the right part of the victim.

As a result, the Defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury of the victim, such as the cellular transfusion, which requires approximately four weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement prepared by C;

1. Report on the place of the offence, each injury-related photo, each injury-check, each injury diagnosis report, black records, video CDs, and investigation results;

1. Application of Acts and subordinate statutes to each investigation report (the receipt of a written diagnosis of injury, the diagnosis of injury, the attachment of a photo of injured body, the attachment of black stuffs and video images);

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 as to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act, including observation of protection and community service work;

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Imprisonment with prison labor for a year and six months from six months to three years (the basic area among the injury or injury caused by violence by a driver who is a type of four kinds of violent crimes).

3. Two years of imprisonment with prison labor for a decision of sentence;

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