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(영문) 수원지방법원 성남지원 2014.05.02 2012고단696

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 3, 2008, the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc. by the Seoul Eastern District Court on December 3, 2008, and on June 17, 2009, the Defendant completed the execution of the sentence in Seongdong-gu

1. Around 00:40 on March 13, 2012, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) committed assault against B, a driver of a vehicle in operation, on the ground that B gets on a taxi for business use in front of the South Korean High School located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and is not in front of the Dong Hanam-si, which is located in the Hannam-si, where B (the age of 42) and getting on and off a taxi for business use, and that B does not have the direction of B.

2. The Defendant causing property damage, on the date, time, and at the place specified in paragraph (1), destroyed the taxi owned by the victim D-si (ju) to repair the taxi by 984,500 won, on the ground that “I would d-si go to the police station” and “I would go to the right side of the cab located inside and going to the wall installed adjacent to the road and that B would go to the right side of the cab, and after getting off the cab at the parked taxi, B would go to the string of the string of the cab and walk off the string of the cab, thereby falling into the 984,500 won.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B;

1. A photograph and estimate of damaged vehicle;

1. The application of Acts and subordinate statutes on criminal records, etc. inquiry reports, each written judgment, and personal identification and confinement status;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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