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(영문) 인천지방법원 부천지원 2019.06.21 2019고합71
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Criminal Power] On January 24, 2019, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution at the Seoul Southern District Court for the violation of the Road Traffic Act (refluence of measurement) and the above judgment was finalized on February 1, 2019.

【Criminal Facts】

1. Around 22:50 on November 28, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) caused the injury of the victim by assaulting the victim, who was on board the back seat of the Ebenz motor vehicle driven by the victim D (the age of 37) who is an engineer for driving on the front side of the Kimpo-si B Apartment-dong (the age of 37) while disregarding the Defendant’s lower demand.

2. At around 22:50 on November 28, 2018, the Defendant insultd the victim publicly, such as: (a) a victim G (the age of 40) of the Kimpo Police Station that the Defendant was urged to present an identification card from the victim G (the age of 40) of the Kimpo Police Station, the Defendant’s daily activities, and a large number of unspecified citizens, etc., of the Defendant called out after receiving a report that the Defendant assaulted a substitute driver’s engineer on the roads of Kimpo-si, Kimpo-si, Kimpo-si; and (b) a victim’s obscing “Isk, fri, fluent fri, fri

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written complaint and a written statement concerning the G production;

1. 112 reported case handling table;

1. A medical certificate of injury, and each photograph;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of records of latter concurrent crimes Article 37 of the Criminal Act), application of statutes of judgment;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 311 of the Criminal Act concerning the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Aggravation of concurrent crimes:

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