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(영문) 서울남부지방법원 2013.06.27 2012고합906

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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

Reasons

Punishment of the crime

On January 20, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Seoul Central District Court on September 21, 2011, and completed the execution of the sentence at the Seoul Detention Center.

On October 5, 2012, the Defendant, at around 02:00, opened the Guro-gu Seoul Metropolitan Government opening of 376 location, called “D(54 years of age)” to the victim D(the driver) who was a driver in C-si for business purpose, and the victim took one time to the driver’s seat where the victim was seated, and the victim assaulted the victim, who was the driver of the vehicle in operation, who was the driver of the vehicle in operation, who was the driver of the vehicle in operation by putting the above cell phone on the face of the victim, and caused the victim to suffer approximately two weeks of the victim’s right-hand autopsy, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A report on the situation of dispatch to domestic violence sites;

1. Taking photographs of the upper part of the body;

1. A written diagnosis of injury;

1. Previous records: Application of inquiries about criminal records, etc., investigation reports, and Acts and subordinate statutes;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Determination on the assertion by the defendant and his defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing)

1. The victim's taxi at the time when the defendant was the second cell phone was parked at the time of the second cell phone, so this case should be deemed not to fall under the case of assaulting "the driver of a motor vehicle in operation" under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

2. Even based on the victim’s legal statement, at the time, the victim cannot temporarily set the cell phone opened by the defendant to the right side of the opening to return the cell phone that the defendant left, but does not seem to have completely stopped the vehicle. Therefore, the victim’s taxi is the victim.