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(영문) 서울서부지방법원 2017.09.21 2017고단1775

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:50 on May 24, 2017, the Defendant was seated at the front of the D hotel located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and at the rear seat of a taxi operated by a victim E (58 Do) without any reason, when the victim’s face was 7 times at the right hand and drinking.

As such, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of taxi booms images);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the reason for sentencing [the scope of recommendations according to the sentencing guidelines] under Article 62-2 of the Social Service Order Act and the reason for sentencing under Article 62-2 of the same Act (the scope of recommendations according to the sentencing guidelines) in cases of assaulting the driver of a motor vehicle in the basic area (two months to ten months) (the decision of sentence] (the decision of sentence] in cases of assaulting the driver of a motor vehicle in the operation of the motor vehicle (the defendant's age, sex, behavior, environment, motive of the crime, circumstances after the crime, etc.), and the recommended punishment according to the sentencing guidelines, such as the order.

O’s unfavorable circumstances - The Defendant committed several assaults against the victim operating 50 to 60 km each hour at the time of the instant case.

As in the instant crime, assault against a driver is not limited to causing damage to a driver, but is likely to cause damage to a third party due to a traffic accident.

- The defendant seems to have abused the victim on the ground that the injured party had gone through the destination of the defendant, but the victim passed the destination of the defendant.

This is due to the fact that the defendant did not properly notify the victim of the destination of the defendant while the defendant was living together. Therefore, there is no reason to return to the victim.

- The defendant is suspended from execution due to violent crimes.