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(영문) 수원지방법원 성남지원 2014.01.16 2013고합273
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2013, at around 00:20, the Defendant was boarding the E-si in the vicinity of the Gangdong-gu Seoul apartment, Gangdong-gu, Seoul, with the victim D (Nam, 47 years of age) and became an underground car in the same day at around 00:50 on the same day, and without any special reason, went to the right side of the victim who is driving the vehicle two times at the right side of the victim while walking on about two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the written statements of D;

1. Images of black boxes and video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for affirmative judgment among the following grounds):

1. Reasons for sentencing (the decision of a sentence) under Article 62(1) of the Criminal Act (the grounds for conviction among the reasons for sentencing below) of the suspended sentence

3. A assault crime;

4. Injury by assault against a driver (a special person) - Reduction element: Minor injury, non-conformity with punishment (a decision on the recommended sphere) - Special mitigation (a period of five months or more to two years of imprisonment) - Mitigation element (a general person): serious reflect [whether or not to suspend execution] - The main commitment element is minor injury, non-conformity with punishment - Where the driver of a motor vehicle in operation is a victim, the driver of the motor vehicle in operation is a victim: It is so decided as per Disposition on the grounds that social relation is clear, contingent crimes, or serious half or more.

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