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(영문) 수원지방법원 성남지원 2017.04.12 2017고단184
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 7, 2017, the Defendant: (a) was on the backway of the camping tower located in the camphouse located in the area of the branch of Sungnam-si, Sungnam-si; (b) was on a D cab operated by the Victim B (63) and returned to the house; (c) on the same day at around 21:00 of the same day, the Defendant became at the entrance of Gwangju-si, Gwangju-si; and (d) at around 21:00 of the same day, the Defendant informed the Defendant of the house

“I am you you know about, but you do not know about, the taxi;

In this regard, the victim was able to take a bath, such as “this dog,” and the victim was able to eliminate the height of the taxi, and the victim was prevented, and the victim was assaulted, who is a driver of a vehicle in operation, such as the driver of a vehicle in operation, by putting the victim’s knife at one time with left hand and her mother off his her son and her son, and her son off her knife at several times.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecutor with respect to B;

1. The Defendant asserts to the effect that he was in a physical and mental loss or mental weakness under the influence of alcohol at the time of the instant crime.

However, according to the records of this case, although the defendant is deemed to have considerable drinking at the time, in light of the circumstances and contents of the crime of this case, the defendant's speech and behavior before and after the crime of this case, it does not seem that the defendant did not have the ability or decision making ability to discern things due to drinking at the time.

Application of Statutes

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The case where the degree of assault (two months to ten months) in the basic area (special mitigation (special mitigation) / (the type No. 1, 6, and 7) / In the case of assaulting the driver of a vehicle in operation (the type No. 1, 6, and 7) / In the case of the instant crime not only the driver but also the public safety on the road.

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