beta
(영문) 인천지방법원 2013.05.08 2013고합139

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around January 23, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) caused the injury to the victim’s face in the knife of the victim C (the age of 52) who is running the 15th century department store in Nam-dong, Nam-gu, Incheon, Seoul, on the ground that the victim requested U-turns, but the victim was not the U-turn zone, thereby causing the injury to the victim’s knife at least 3:4 times, knife the victim’s head, and knife the victim, who is a driver of a motor vehicle in operation, by assaulting the victim for about two weeks of treatment.

2. On January 23, 2013, around 22:32, the Defendant assaulted the victim on several occasions, i.e., the victim’s head and head, etc. coming up to the Hand, on the ground that the victim is demanded to get off the taxi, within the taxi of the victim who stopped in front of the 1465-1, Nam-gu, Incheon Metropolitan City, Nam-gu., Seoul Metropolitan City, in front of the 1465-1.

3. The Defendant damaged property by assaulting the victim and getting off from the taxi at the same time and place as described in Paragraph 2, such as Paragraph 2, but, on the ground that the victim did not temporarily get out of the taxi, the Defendant: (a) took back the front side of the driver’s seat of the said taxi; (b) took back the front side of the driver’s seat of the said taxi on his hand; and (c) damaged the front-down of the said assistant owned by the victim whose market price is unknown.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing photographs of damaged vehicles;

1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act concerning criminal facts, the relevant provision of the relevant Act and the former part of Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes on the

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Discretionary mitigation Criminal Act;