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(영문) 서울동부지방법원 2018.03.28 2017고단2142

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2017, around 22:10 on April 5, 2017, the Defendant: (a) boarded the victim’s body near the station in Dongjak-gu Seoul Metropolitan Government; (b) opened the road front of the “E restaurant” located in Songpa-gu Seoul Metropolitan Government D around 22:40 on the same day; and (c) opened the victim’s face at one time with drinking the victim’s right side while driving the taxi; and (d) opened the victim’s body with drinking, making the victim unable to drive the body of the victim; and (e) holding the victim’s body difficult to drive.

Accordingly, the defendant assaulted the victim who is operating a taxi.

2. The Defendant assaulted the victim, knenee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, kne.

Summary of Evidence

1. Statement made by the police against B;

1. A written statement;

1. Application of the Acts and subordinate statutes on the part of the damage caused by violence;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) against the crime, Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor, respectively;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: (a) the Defendant, without any particular reason, abused a driver under the influence of alcohol and assaulted against a dead citizen; (b) the Defendant did not make any effort to recover from damage even though the degree of the assault is not weak; and (c) the Defendant was a dead citizen as a victim.

The F wanting to be punished by the defendant, the fact that the defendant has already been punished by a fine twice due to violent crimes, the motive and means of the crime, and the circumstances after the crime.