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(영문) 의정부지방법원 2015.12.09 2015고단3860
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 5, 2015, the Defendant: (a) on September 23:40, 2015, the Defendant: (b) stated that the head of D Do-si, which was operated by the victim C (the age of 45) on the way of the Government-Dong Gyeong-dong (hereinafter referred to as “the Defendant was a member of the Council”; (c) stated that the victim’s booms the victim’s booms at the seat of the Gu-dong high school; and (d) when the victim passed the shooting distance in front of the Gu-dong High School, the Defendant used the victim’s booms at the seat of the victim; and (d) assaulted the driver of the vehicle in operation when the victim’s braces of the victim himself while moving to the 3 mack zone

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. The criminal defendant's crime of sentencing under Article 62 (1) of the Criminal Act is an act of considerable danger to the victim or other passengers near the vehicle in operation, taking into account the grounds for sentencing unfavorable to the defendant, who has been punished by a fine due to a similar crime committed in advance.

However, since it is difficult to see that the degree of the crime of this case is very serious, and there is an agreement between the defendant and the victim, the punishment as ordered shall be determined in consideration of all of the above.

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