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(영문) 광주지방법원 2016.08.24 2016고단2389

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The sentence against the accused shall be five million won or more.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

On May 29, 2016, at around 01:50, the Defendant was boarding the taxi back seat operated by the victim D (62 tax) in Seo-gu, Seo-gu, Gwangju on May 29, 2016, and went to the building of Seo-gu, Seo-gu, Gwangju, the Defendant’s residence, and became in the vicinity of Sam-ju apartment located in Seo-gu, Seo-gu, Gwangju, Seo-gu, where the victim was in possession of the victim on the ground that he was operating bypassing the taxi, and became knife one time each.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime, shall be determined by taking into account the following circumstances:

Unfavorable circumstances: Violence against a taxi engineer in operation not only causes danger to the life and body of other drivers of the road, pedestrians, etc., and thus the case is light.

The circumstances favorable to the fact that the defendant committed the crime of this case during the suspension of the execution of imprisonment with prison labor due to the fact that he/she is unable to see, insults a taxi engineer in operation, and assaults a police officer in the course of performing his/her duties by sending out the police officer, are committed: The extent of the assault is very minor, and the mistake is divided.