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(영문) 전주지방법원 군산지원 2020.04.10 2019고단1574
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 27, 2019, the Defendant: (a) had the victim D (Nam, 52 years of age), an agent, drive the said C’s rocketing car in order to drink C and alcohol, and (b) had the victim D (ma), an agent, drive the said C’s rocketing car in order to go to the Republic of Korea from the northwest-dong of the Sinsan-si, Busan-si; (c) the Defendant was on board the steering line, and was in the vicinity of the GunF at around 23:10 on the same day, and was in a dispute with the said C in the said car; and (d) took a desire to see the A’s own driver, and (e) took a fluencing act, such as “a fluen and a fluence of the death of the fluent.”

Accordingly, the defendant threatened the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to a report on the occurrence of an event, a report on investigation, a report on investigation (Listening to the phone statement of a witness C), a report on details and replies of 112, and a detailed statement

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Election of Specific Crimes;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] the general assault [the first type] mitigation element of a crime (including a serious effort to recover damage) or where considerable damage has been recovered, the aggravated element: In cases of assaulting a driver of a motor vehicle in operation (the scope of recommendations and recommendations), the basic area of the punishment (the scope of recommendations and recommendations), February to 1 (the grounds for suspension of execution of sentence] - Major pride grounds: In cases of minor injury, non-prosecution of punishment (including serious efforts to recover damage): The same criminal record (the period of suspension of execution of sentence or a fine of not less than three times).

3. Determination of sentence: Imprisonment with prison labor for not less than eight months and two years of suspended sentence;

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