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(영문) 서울중앙지방법원 2013.11.19 2013고단5702

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment with prison labor for four 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

On September 17, 2010, the Defendant issued a summary order of KRW 1 million for the crime of assault at the Seoul Western District Court on September 17, 2010, the same criminal records are more than nine times.

1. Around 01:30 on August 16, 2013, the Defendant stated that the victim would turn to the left at the right at the front of the KT building located in 67-83 Seongbuk-gu, Seongbuk-gu, Seoul, Seongbuk-gu, and that the victim would turn to the left at the right at the time of the victim's one-way length while getting on and off the C-si operated by the victim B (the age of 46). Furthermore, the Defendant called that the victim could not turn to the left at the time of the victim's head at the time of drinking.

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

2. In the same time, place as mentioned in the above paragraph 1, the injured Defendant: (a) laid the taxi after the victim was assaulted as mentioned in the above paragraph 1; (b) laid the taxi from the taxi; and (c) taken off from the taxi with the victim from the taxi on several occasions; and (d) took the victim’s face and part of the victim’s taking part in drinking and drinking, the victim suffered damage, etc., for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. On-site reports;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault against a driver and the choice of imprisonment) concerning the crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of the type of punishment], general injury (special sponsor] - minor injury of mitigation elements (including serious effort for recovery of damage) or considerable damage.