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(영문) 수원지방법원 2017.09.06 2017고단4224
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 9, 2017, the Defendant: (a) committed an act of assaulting a driver of a motor vehicle running on the part of the victim C(57) who is driving at a 43 km point in the Young-dong Highway (Yeung-dong) Dong-dong (Yeung-dong), Young-gu (Yeung-dong) (Seoul Metropolitan City) with a speed of 43 km, and used the victim’s own bath, and used the driver of a motor vehicle driving on the part of the victim for drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of C and E;

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

1. Aggravation of the recommended punishment according to the sentencing guidelines: Violence (a) general assault (1) (a person subject to special sentencing): In the event of assaulting the driver of a motor vehicle in operation, mitigation factors: (1) in the event of assaulting the driver of the motor vehicle in operation, in the basic area of punishment not [the territory of recommendation and the scope of the recommended punishment], in the imprisonment period from February to October; and

2. Consideration, such as the fact that it is dangerous to assault the driver of a motor vehicle who is under a decision to pronounce a sentence, the fact that the accused has been punished for violent crimes before, the fact that the accused has led to the confession of the crime in this case, and that the accused has agreed with the victim.

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