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(영문) 의정부지방법원 고양지원 2015.06.02 2014고단2816
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 13, 2014, around 23:52, the Defendant assaulted the victim C (the aged 53) at a point of 107 No. 107, Goyang-gu, Yangyang-gu, Goyang-gu, Goyang-si, which became a gold village in the Sinyang-gu, Goyang-gu, Goyang-si, the Defendant continued to be the victim, but the victim did not make a statement that he did not give a proper answer, on the ground that he tried to do so at the right face part of the victim's right face.

Summary of Evidence

1. Each legal statement of witness D and C;

1. A report of investigation (the date and time of photographing a scam of assault);

1. 112 Reporting case management table;

1. Application of statutes on the photograph of the case

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

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

1. The above evidence duly adopted and examined by this court regarding the defendant and his defense counsel's assertion in Article 62-2 of the Social Service Order Criminal Act and the following circumstances revealed to the effect that the victim committed an assault against the victim being driven by the defendant from the investigative agency to this court. The consistency and body of the statement is recognized, ② the victim's assaults himself, ③ the police officer D who was dispatched to the scene upon receiving the victim's report, also appealed from the victim's snow level at this court, and the victim's snow level at the time of the dispatch. The victim's statement was stated to the effect that D who did not have any personal relation with the victim was made a false statement for the victim. ④ The victim's substitute driving business cannot be deemed to have renounced the defendant while giving up his substitute driving expenses which can be received from the defendant to the destination, ⑤ the above circumstances, and ④ the police officer D who was dispatched to the scene upon receiving the victim's report.

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