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(영문) 서울동부지방법원 2015.01.15 2014고단2882

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2014 Highest 2882] On August 19, 2014, the Defendant: (a) around 05:50 on August 19, 2014, the Defendant: (b) asked at the head of C-si, Songpa-gu Seoul 217, for a destination while being driven by the victim B (the age of 53) in front of the 217 area; (c) without any justifiable reason, the Defendant provided the victim with the desire to “spacte”, and (d) 2-3 times the part of the victim’s right body at drinking

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

[Judgment of the court below]

1. Around 02:00 on November 12, 2014, the Defendant: (a) 5 G taxi operated by the Victim F (year 66) on the front side of the Echeon Military Association located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) taken the victim’s face at one time on the ground that the victim shouldered locked; (c) taken the victim’s seat at one time on the ground that the victim was divingd.

Accordingly, the defendant assaulted the victim.

2. On November 12, 2014, around 04:30 on November 12, 2014, the Defendant was arrested as a flagrant offender for the crime under paragraph (1) and was transferred to a criminal office and an office of the Seoul Songpa Police Station in Songpa-gu Seoul, Songpa-gu, Seoul, and was waiting for an investigation, the Defendant was accompanied by the police officers who were working there to say, “Isle, Isle, Isle, Isle, do not fry, fump, fump, fump, fump, fump, fump, fump,” and the Defendant dumped the suspect waiting room to fill the repair cost at one time as drinking.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

【2014 Highest 2882】

1. Defendant's legal statement;

1. The police statement of H 【2014 high-ranking 3450】

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Application of Acts and subordinate statutes to a report on investigation (verification of repair costs);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) and Article 141 (1) of the Criminal Act concerning the crime;

1. Aggravation for concurrent crimes;