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(영문) 수원지방법원 안양지원 2018.07.25 2018고단645
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for 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

On April 7, 2018, the Defendant, while drunking in front of a comprehensive playground that is flying a brea-dong in Ansan-si, was under influence on April 22:12, 2018, when the Defendant asked the victim to ask the time to the victim within the foregoing taxi that was in operation, while driving the 67-year-old cab. In response, the Defendant her face was taken once a week on the ground that the victim said the victim as “on his/her own confirmation of time.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the investigation report (verification of black stuffs) (verification of black stuffs), and the Acts and subordinate statutes to cut booms images;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education [the scope of the punishment on the sentencing guidelines] - Types 1 (General Violence) in the aggravated area (4 months to 1 year): In the case of assaulting the driver of a vehicle in operation, (1) in the case of assaulting the driver of the vehicle in operation [the decision of sentence] in the case of assaulting the driver of the vehicle in operation, the punishment is heavy.

There is a history of punishment several times, including the suspension of the execution of imprisonment for the same kind of violent crime.

However, the attitude of the defendant's wrong recognition seems to reflect.

There is no history of criminal punishment after around 2010.

The sentence shall be determined as ordered in consideration of the sentencing conditions, such as these circumstances, the degree of violence, the age, sex, environment, etc. of the defendant.

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