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(영문) 부산지방법원 동부지원 2016.09.07 2016고단991

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 26, 2016, around 02:40 on May 26, 2016, the Defendant was boarding the F taxi head who is driven by the victim E (year 49) on the front side of the “D” located in the Southern-gu Busan Metropolitan City C.

The Defendant continued to answer the question of the victim who temporarily stopped in order to have passengers board the taxi at a time, and did not answer to the question of the victim’s destination within the said taxi, and did not speak to the accurate destination, and the Defendant told the victim that “I am going to the end, and, if I am to the end, I am to the other taxi.”

The Defendant said that the Defendant expressed the victim’s desire to do so, and that “I must not see a taxi if the gugue in the taxi is bad because the gugue in the taxi is against the customer.”

The defendant spits the victim's face when the victim's 112 report the telephone 112 report the 112 report, the victim spits the victim's left face at one time with the victim's own drinking and hand room.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report (the situation at the time of arrest and photographs of the damaged part of the victim);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Election of Specific Crimes;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance, such as that the crime was committed by assaulting the taxi driver while driving, and that the crime is bad, and that the defendant has a majority of the previous crimes.

However, the fact that violence used by the defendant was not very serious, and the fact that the defendant agreed with the victim is favorable.

The age, character and conduct, environment, and means and results of the crime of the defendant, after the crime is committed.