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(영문) 서울남부지방법원 2016.12.22 2016고단2079

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On May 10, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Seoul Southern District Court, and was sentenced to imprisonment with prison labor for a crime of larceny on November 7, 2013, and the execution of the sentence was completed in the Daejeon Prison on July 27, 2014. On May 10, 2016, the Defendant appealed for ten months at the Seoul Southern Southern District Court, who was sentenced to imprisonment with prison labor for a crime of fraud, etc. but appealed for the same year.

5. 26. Withdrawal of the above appeal and the above sentence became final and conclusive on the same day.

【Criminal Facts】

On February 20, 2016, at around 05:28, the Defendant took a D business taxi operated by the victim C (the age of 41) in the vicinity of the Work Islands in Seongdong-gu Seoul, and went into the Northwest of the Youngdong branch located in Gwangjin-gu Seoul, Seoul, which is a destination, but refused to go into alcohol.

At around 05:58 on the same day, the victim operated a taxi with 22 Gaba-ro 43 Gaba-ro 43 Gaba-ro, Seoul Special Metropolitan City on the same day, and the defendant took a bath on the ground that he moves a taxi to a police box, and assaulted the victim, who is a driver of a vehicle in operation, such as putting the victim's trees to a police box.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Photographss of the upper parts and the taxi receipt;

1. Judgment: Application of a reply letter on criminal records, etc. to the Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Crimes.

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria;

(a) Determination of types: [18] Violence, 03. Violence, [1] Violence;

(b) Special convicts: Aggravation factors (in cases of assaulting the driver of a motor vehicle in operation), mitigation factors (in case of non-execution of punishment).

(c) Aggravation: Aggravation factors (Cumulative repeated offenses); and

(d) Scope of recommendations: Basic area, two months to ten months;

3. Sentence;