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(영문) 서울남부지방법원 2017.08.23 2017고단2956

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 15, 2017, the Defendant: (a) 01:30 on board the back seat of the cab operated by the victim B (66:30 on the ground that the cab was smelled on the back seat of the cab; and (b) when the said cab stopped in the atmosphere on the road near the 168 Yero, Gangseo-gu, Seoul; (c) when the cab stops in the atmosphere, the Defendant used the rear seat of the victim one time by hand from the back seat of the cab; and (d) after the victim’s face was lowered from the cab, the Defendant assaulted the victim by driving the cab to the back seat of the cab; and (d) pushed the body of the victim by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Investigation report (related to currency with the reporter);

1. Application of the video CD-related Acts and subordinate statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] and the aggravated area (4 months to 1 year) (the specially aggravated person] (the driver of a motor vehicle who assaultss the driver of a motor vehicle in the course of driving the motor vehicle) shall be limited to the aggravated area (one type);

2. Circumstances disadvantageous to the decision of sentence: The sentence shall be determined as per the order, considering the fact that there has been several times of punishment for violent crimes, assaulting the aged victim as the driver of a motor vehicle in operation, the reason and method of assault, the fact that the damage has not been restored, the circumstances favorable to the situation that the defendant's age, sex, environment, etc. are against: The sentencing conditions indicated in the records, such as the defendant's age, sexual behavior, and environment, and the scope of recommended sentence according to the sentencing guidelines of the