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(영문) 울산지방법원 2019.08.20 2019고단1370
특수폭행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around December 18, 2018, the Defendant was aware in Ulsan-gun B located in Ulsan-gun, U.S., and was aware of the victim D, who was a her birth, and was fluored by the victim under the influence of alcohol without any justifiable reason, and the victim was aware of the victim’s “Chewing fluor,” and the victim was fluoring the victim’s fluor, which is a dangerous object due to the fluoring of the fluor, while leaving the said convenience point, followed the victim by driving the Epoter freight vehicle, which is a dangerous object due to the fluoring of the g of Ulsan-gun, U.S., Ulsan-gun, and shocking the victim by driving the flu

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the E-Poter at a section of about 70 meters from the Do in Ulsan-gun B located in Ulsan-gun, Ulsan-gun, to the front of the I convenience store located in Ulsan-gun, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or J;

1. Each statement K and L;

1. Application of the register of driver's licenses and photographs;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the selection of imprisonment for a crime, and the selection of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing criteria;

(a) Type 6 (Cumulative Offense and Special Violence) of the Special Violence Crime: A person who is not subject to the punishment of a person who is not subject to the mitigation area (two months to one year), or a person who is subject to the mitigation area (two months to two months);

(b) The sentencing criteria for the crime of violating the Road Traffic Act are not set;

(c) Handling of multiple crimes: The lower limit of the scope of sentence specified in the sentencing criteria shall apply only to a crime for which the sentencing criteria have been set for not less than two months of imprisonment and a crime for which no sentencing guidelines have been set falls under concurrent crimes under the former part of Article 37 of the Criminal Act;

2. Based on the above sentencing criteria, the sentencing criteria as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive of crime, etc.:

(b) the defendant;

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