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(영문) 춘천지방법원 2013.11.01 2013고합97
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

1. Around 20:50 on March 12, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, Violence, etc.) and the Defendant injured the victim on the road front of the "D convenience store" in Gangwon-do, Gangwon-do, where the victim E (Nam, South and 56 years old) was boarding a F personal taxi on the road in front of the "D convenience store" located in Gangwon-do, and, around 21:00 on the same day, the Defendant resisted the victim and resisted the victim for the treatment period on the ground that the Defendant resisted the victim.” On the ground that the Defendant resisted the victim and resisted the victim.

2. The Defendant causing property damage, around 21:00 on the roads in front of the above “G” village on the same day, respectively, destroyed the amount of KRW 5,111,267 of the above taxi repair cost, and KRW 1,400,000 of the repair cost between the construction disaster prevention and the pedestrian protection accident owned by the Incheon Military Office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H and I;

1. Application of each quotation and each written diagnosis to Acts and subordinate statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest punishment);

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration in favor of the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months;

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