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(영문) 광주지방법원 목포지원 2017.01.13 2016고단911
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 13:20 on May 23, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as assault, etc. by a driver) (hereinafter “Aggravated Punishment, etc.”) committed a brushing brush and booming the victim F (37 years of age) who drives E taxi on the front of D in front of the road located in C at Bapo-si, on the ground that the Defendant was walking at the center of the road, and her walked, and her bruds the victim’s head by drinking.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. Around 09:45 on May 25, 2016, the Defendant: (a) called “the thief” by the convenience store staff and the victim I (V, 60 years old) who was in the front of the shop while taking part in the convenience store staff and the trial expenses without obtaining the permission of the staff of the convenience store in front of the shop; and (b) made the victim’s head one time in sight of the dangerous object.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, I, and J;

1. Application of the investigation report (the contents of the currency of the victim and witness), and each photographic statute;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 261 and 260 (1) of the Criminal Act: Selection of imprisonment with prison labor as a whole;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation is that the Defendant committed the instant crime again even if the Defendant had been punished several times as a crime related to violence, and that the Defendant did not receive a letter from the victims up to now, taking into account the unfavorable circumstances. On the other hand, the Defendant appears to have recognized and reflected the instant crime, and the degree of violence used in the said crime is heavy.

It is not visible, but rather contingent.

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