logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2020.09.22 2019고단1534
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:10 on May 8, 2019, the Defendant: (a) taken a victim’s right shoulder in E-si operating in front of the C cafeteria located in Barran-gun B and taken one time at the victim’s 400ml plastic liquor; and (b) taken a bath for the reason that the charge is high; (c) taken two times the victim’s right shoulder in the victim’s right shoulder; and (d) taken two times the victim’s right shoulder.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to investigation report (related to attaching photographs at the time of reporting visit);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Aggravation factors: Where the degree of violence is minor (including cases of 1,6, and 7 types), a ground for not punishing a motor vehicle (including serious efforts to recover damage), or a considerable partial damage has been recovered, the scope of recommendation [decision of types] according to the sentencing guidelines, and the range of violence crimes [category 1] general violence (special person): The scope of mitigation area, imprisonment with labor for one month to August;

3. Determination of sentence: Imprisonment with prison labor for three months and one year of suspended sentence;

arrow