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(영문) 춘천지방법원 2017.05.23 2016고합109

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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In the case of the crimes of No. 1 in the judgment of the defendant, one year of imprisonment, and a fine of 50,000 won for the crimes of No. 2 in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal records] On July 12, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an injury and two years of suspended execution, and the judgment became final and conclusive on January 18, 2017.

[Criminal facts]

1. 2016 high altitude 109

A. On September 3, 2016, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver), was a victim E (57 years old, male, and female) on the road in front of the D cafeteria located in Chuncheon-si C, and became a F taxi station in Chuncheon-si.

피고인은 같은 날 22:30 경 춘천시 춘천로 61에 있는 춘천 경찰서 앞에 정차한 차량 안에서 택시요금을 달라고 하는 피해자에게 욕설을 하고, 이에 피해 자가 위 차량을 운전하여 춘천 경찰서 주차장으로 진입하자 아무런 이유 없이 피해자에게 “ 나이 먹은 놈이 뭘 안다고! ”라고 욕설을 하면서, 손에 쥔 휴대 전화기로 피해자의 머리 부위를 수 회 때리고 발로 피해자의 머리와 온 몸을 수 회 차서 피해자에게 약 2 주간의 치료를 요하는 두피의 표재성 손상, 타박상 등의 상해를 가하였다.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

B. At the above time, the Defendant, after getting off the above taxi at the parking lot of the Chuncheon Police Station, got off the victim’s chest one time after drinking the victim’s chest, and got out of the victim’s cell phone equipment used by the Defendant.

Accordingly, the defendant assaulted the victim.

2. Around February 2, 2017, Defendant 26 damaged the victim’s market price equivalent to KRW 50,000,00,000, by breaking the “I main point” of the operation of the victim H in Chuncheon-si, Chuncheon-si, Chuncheon-si, by following the depositor who was requested from the victim to pay the drinking value, and destroying the gate’s glass, which was located there.

Summary of Evidence

[2016 Gohap 109]

1. Statement by the defendant in court;

1. Each police statement made to J and E;

1. E written statements;

1. Photographss and examinations of injuries related to the assault case [the 2017 Highest 26.0