(영문) 대전지방법원 천안지원 2020.02.13 2019고단3107

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(영문) 대전지방법원 천안지원 2020.02.13 2019고단3107

특수폭행

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 23:30, 2019, the Defendant: (a) while driving a DMW car on the front of the CMW car located in Seo-gu, Seo-gu, Seocheon-gu; (b) while driving the DMW car on the front of the DMW car, the Defendant raised the FM car driven by the victim E (the age of 31) to overtake the Defendant’s car; and (c) the victim was getting off from the vehicle.

The Defendant received a proposal from the victim to get off the vehicle, but did not comply with it, and on the ground that the Defendant snickly snicked the 112 report by the Defendant, the Defendant followed the victim’s right generation, etc. with the above vehicle, which is a dangerous object, and the victim gets off the vehicle at his hand, and 50 meters away as it was, even if she got off the vehicle at his/her hand.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G self-statements;

1. Reporting on the occurrence of a traffic accident, photographs, and accident camera;

1. Application of the Acts and subordinate statutes governing crime preventionCCTV Nos. photo, vehicles boomers, spackers, and photographic photo;

1. Relevant provisions of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the choice of punishment.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order recognize and reflects the defendant's mistake, and agreed with the victim, and there was no record of punishment in addition to the punishment of a fine due to the crime of drinking driving in 2012. The crime of this case is likely to lead the victim to a approximately 50m progress in the main NAE in the process of the defendant's in which the victim suspected of drinking driving under the influence of alcohol was released from the site. The crime of this case is bad, and the nature of the crime is bad, and the punishment is determined as ordered in consideration of the defendant's age, character and behavior, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, and other various sentencing conditions specified in the argument

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