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(영문) 청주지방법원 2017.02.10 2016고합188

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 11, 2015, the Defendant was sentenced to two years of suspended sentence in September 19, 2015 by the Cheongju District Court for a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., which became final and conclusive on September 19, 2015.

On September 1, 2016, the Defendant: (a) boarded the victim E (40 years) who was driven in front of the D cafeteria located in the petition-gu Cheongju-si, Cheongju-si; and (b) took a dispute over the repayment of the money borrowed from the injured party under the influence of alcohol to the G road in front of the Gu cafeteria; (c) took the victim’s face and chest, etc. on his hand, and took a bath to the victim in front of the G road in C, while taking the dispute over the repayment of the money borrowed from the injured party under the influence of alcohol; (d) took the victim’s face and chest, etc. on his hand; (e) the victim frighted the said taxi; and (e) continuously frighted the victim’s face and chest, the Defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Voluntary accompanying reports, internal investigation reports, 112 processing records of the reported case, photographs of the black stuff images, and investigation reports (verification of the situation at the time of assault);

1. Previous convictions: Application of a reply to inquiries, such as inquiries about criminal history, investigation reports (verification of the facts under current probation period);

1. Grounds for sentencing prescribed in Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Optional to Imprisonment) on the relevant criminal facts and the judgment of sentence;

1. Scope of punishment by law: Not more than five years of imprisonment;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] and the aggravated factors of Category 1 (Special Sentencing) (Special Sentencing Persons) (Special Sentencing Persons) - When the driver of a motor vehicle in operation assaults the driver of a motor vehicle, the mitigation factors of punishment - the reduction factors of punishment not [the scope of recommended punishment] shall be sentenced to two months to ten months from imprisonment.

3. Determination of sentence: Imprisonment with prison labor for six months, the crime of this case assaults a victim who has driven a taxi on the ground that the defendant demands repayment of his/her obligation.

The act of assaulting a driver operating a vehicle does not merely cause damage to the body of the driver.