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(영문) 서울남부지방법원 2016.08.12 2016고단2198

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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

On May 18, 2016, at around 01:10 on May 18, 2016, the Defendant was boarding a cab for business use (D) operated by the victim C (56) in front of the Guro-gu Seoul Metropolitan City B market, and was working for one member of F in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the destination of which was destination. The Defendant left the front way of the Women’s Welfare Center, without any justifiable reason, to the victim who is driving the way ahead of the Women’s Welfare Center, and then “hicks

When the injured party temporarily stops the vehicle and demands the payment of the fee, the injured party opened a door to the driver's seat from the taxi and takes a bath, such as this sprinking sprinking, and sprinking the victim who is seated in the driver's seat due to drinking and sprinking, and sprinking the urging at the front sprinking of the taxi, and sprinking the victim's face, etc. with the victim's sprinking the part of the victim's sprinking and drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Investigation report (Investigation of the analysis of black stuffs and images);

1. Application of Acts and subordinate statutes to photographs (victims and mobile phone images);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Aggravation of the recommended punishment according to the sentencing criteria: Violence (a) general assault (a type of special assault) (a person subject to sentencing): In the event of assaulting the driver of a motor vehicle in operation, mitigation factors: (a) in the event of assaulting the driver of the motor vehicle in operation, in the basic area of punishment not (the territory of recommendation and the scope of the recommended punishment), in the imprisonment of two months to ten months.

3. Grounds for probation [Main reasons for probation] positive: Non-prosecution of punishment (General reasons): There is no previous conviction or heavier for probation.

4. The Defendant, who was sentenced to criminal punishment, issued a summary order on April 2016 and October 2014 with a driver’s assault similar to the instant crime.