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(영문) 서울남부지방법원 2020.08.11 2020고단2833

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 4, 2020, at around 02:15, the Defendant: (a) expressed the victim D (68) who operated a private taxi in front of Gangseo-gu Seoul Metropolitan Government building; (b) expressed misunderstanding that the Defendant would be able to board a taxi in front of the Gangseo-gu Seoul Metropolitan Government building; and (c) expressed the victim D (68) who operated a private taxi in which the Defendant stopped, “I am flick; and (d) I am on the ground that the victim resisted the victim; (b) opened the front door of the said taxi and opened the door on the ground that the victim resisted, I saw the victim’s left thickness; and (c) saw the victim’s flick.

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

2. The Defendant assaulted the victim at the same time as in the preceding paragraph at the same time as in the preceding paragraph of the assault, and expressed that the victim gets out of the said taxi in front of the said taxi, she saw the victim as “this chexe”, and she saw the victim’s head, “this brue shall be discarded off,” and “the victim’s face and chest may be taken off,” and assault the victim when she met the victim’s chests and her chests in several times due to the left hand.

Summary of Evidence

1. Written statements prepared in D;

1. 112 reported case handling table;

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

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning criminal facts and Article 5-10 (1) of the same Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that according to CCTV images, which are objective evidence, the defendant does not recognize his/her mistake from the point of view that he/she committed assault against the victim to the point of view that he/she did not transfer his/her responsibility to the victim.

The violence against the driver of a vehicle in operation may cause a traffic accident to many and unspecified persons.