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(영문) 광주지방법원 2017.08.30 2017고단1610
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On March 17, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) committed a dispute with the victim and the plaintiff were in front of the road located in the Dong-gu, Gwangju, Dong-gu, Gwangju, in the middle of the apartment complex where the victim C gets in the middle of the apartment complex located in Heungdong-gu, Gwangju, which is a destination, and went into the middle of the apartment complex where the victim C gets in the middle of the apartment complex operated by the victim C, and became in front of the water supply system located in the Dong-gu, Gwangju, Gwangju, which is a destination.

In the launch, the victim’s face face in operation was assaulted three times by hand and drinking at the right side of the victim while taking a bath called this launch .....”

2. In daily border like the preceding paragraph, the injured Defendant: (a) took the victim at the front of the FF road without paying the taxi fee; and (b) made the victim claiming the taxi fee as “the taxi fee”; (c) took falbbbling fat; (d) took the victim’s face by drinking and kneing knee; (d) continuously took the victim’s head with knee and knee; and (e) took the victim’s face by hand, taken the victim’s face into consideration about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of subparagraph (C) of a photograph of damage;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by drivers), Article 257 of the Criminal Act and the choice of imprisonment with prison labor;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are divided into one’s mistake, and the part that has already been agreed with the victim is favorable. However, there is a number of criminal records before violence (4 times of punishment, one time of suspended execution), and the defendant has already been under suspension of execution and protection and observation due to the crime of violating the Road Traffic Act (driving).

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