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(영문) 광주지방법원 2017.04.20 2017고단436

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 15, 2017, around 19:50, the Defendant was on a victim C (70 years old) who is a private taxi driver at the 101 next parking lot in Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, and went to the destination of the victim.

“To hear the victim’s speech, he saw batd the bat and fatd the victim’s bat, and batd the victim’s face and body batd the victim’s face, and batd the victim’s front glass in drinking.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation and caused the victim to suffer injury to sugar, etc. without any wife in two weeks open to treat the victim for about two weeks, and damaged the victim's front favorable to the taxi and damaged its utility by causing approximately KRW 260,000 to be repaired.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act, and selection of imprisonment with prison labor for the crime of damage to property

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that a person who has made an agreement with the defendant does not want to punish him/her in depth, the fact that he/she does not have any criminal record heavier than the same criminal record or fine, etc.);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);