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집행유예
(영문) 서울북부지방법원 2016.10.20.선고 2016고단3837 판결

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Cases

2016 Highest 3837 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault against Drivers)

Defendant

A person shall be appointed.

Prosecutor

○○ (Lawsuits) and ○○ (Public Trial)

Imposition of Judgment

October 20, 2016

Text

The imprisonment with prison labor for the accused shall be eight months.

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

To issue an order to a defendant to be put on probation for one year and to take an alcohol treatment lecture for 40 hours.

Reasons

Criminal facts

On August 28, 2016: around 10, the Defendant sent the victim's face to ○○○○○○○-ro, Seoul ○○○○○○-ro, on the ground that the Defendant did not have the way to desired by the Defendant while getting on and off a taxi under the victim B (the age of 56) from the ○○○-ro, Seoul ○○○-ro, to the destination. On the other hand, the Defendant was able to keep the victim from leaving the taxi temporarily stopped for reporting.

The Defendant assaulted the victim who is operating a motor vehicle as such.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement concerning B;

1. Images of black boxes and video CDs;

Application of Statutes

1. Article applicable to criminal facts;

Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Selection of Imprisonment)

1. Suspension of execution;

Article 62 (1) of the Criminal Act (Incompetence of misunderstanding, Intention not to punish the Victim)

1. Orders for probation and education;

Article 62-2 of the Criminal Act

Judges

Judges Habcheon-cheon