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(영문) 인천지방법원 2020.11.25 2020고단5746

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On June 8, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (hereinafter “Aggravated Punishment, etc.”) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) was in front of the F in Incheon Jung-gu, Jung-gu, Incheon, by getting in a D taxi operated by the victim C (Nam and 47 years of age) and being in front of the F in front of the city in Jung-gu, Jung-gu, Incheon. On the ground that it is bad for the victim to be asked to pay a taxi fee in advance, then the victim’s back being in front of the signal at the first lane of the four-lane road, when the victim’s back being in front of the signal at one time, and when the body was carried out by drinking with the driver’s seat and the head of the

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. The Defendant destroyed the car log panel, etc. at the time, place, and place described in Paragraph 1, on the premise that the victim avoided the above assault and got her body behind the vehicle, and that she left her body by mixing her body, and that she did not take the her body, and that she took the her roof on the above cab, and that the 1,272,622 won of the repair cost would come to fall under 1,272,62.

Summary of Evidence

1. The police's written statement of statement C concerning the defendant's legal statement, report of internal investigation, and each investigation report (the victim's mobile phone image and the victim's video image);

1. Application of statutes on photographs of damage;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, Article 36 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of Punishment] and violent crime [No. 1] general assault [Special Aggravation] mitigation elements: Efforts to recover damage caused by non-existence of punishment;