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(영문) 서울남부지방법원 2016.10.20 2016고단3774

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 07:45 on May 25, 2016, the Defendant expressed the victim’s desire to “this dog, schip, schip, deader, etc.” on the ground that, while moving while the victim was on board the back seat of a private taxi operated by the New IC department in Yangcheon-gu Seoul Metropolitan Government (the age of 62), the victim would not use national highways and want to use national highways and collect unfair fees.” On the other hand, the Defendant expressed the victim’s face at one time to the right side of the victim by left hand.

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

2. The Defendant causing property damage, at the time and place specified in Paragraph 1, carried the police station from the victim B to the victim’s private taxi, sees the horses and sees the police station, and prevents the above individual taxi from operating the black box, making the black box in the amount of KRW 300,00 at the market price of the victim’s ownership installed in the above taxi as his hand.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the victim and his/her parts, such as a photograph of damaged parts, written estimate, and each investigation report;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act concerning the relevant criminal facts and Article 5-10 (1) of the same Act concerning the selection of punishment;

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. Circumstances favorable to the reasons of sentencing under Article 62-2 of the Criminal Act: The fact that the victim agrees with and the degree of damage is not hot;

(k) Unfavorable circumstances: A person who has been punished four times due to violent crimes;

0. All other circumstances, such as motive, means, and consequence of the crime, after the crime, etc.