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(영문) 서울북부지방법원 2017.11.29 2017고단4013
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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A defendant shall be punished by imprisonment for six 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

On September 15, 2017, the Defendant, around 22:11, 201, assaulted the victim C (53 Doo-dong) who was on the road near the Myeon area of Jung-gu Seoul Metropolitan Government, and was in the central market located in Jung-gu, Seoul, Jung-gu, Seoul, the destination of which was moved to the central market located in Jung-gu, Seoul, Jung-gu, Seoul, on the ground that the victim was able to take a bath for the victim and was able to take a bath for the victim one time at the time of drinking.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Punishment, etc. of Specific Crimes, and Selection of imprisonment;

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 community service order;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the case where he/she assaults a driver of a motor vehicle in the form of increasing the aggravated area (4 months to 1 year) (a person with a special aggravated area) (a person with a special aggravated punishment).

3. The sentencing conditions, such as the age, sex, environment, etc. of the defendant, shall be determined as the same as the order, in consideration of the fact that there are several times the records of punishment for the crime of final and conclusive violence, and that no effort is made to recover from damage;

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