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(영문) 서울북부지방법원 2018.06.22 2018고단30

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On October 15, 2017, the Defendant: (a) 02:10 on October 15, 2017, 2017, she boarded the C taxi driven by the victim B (58 years of age) around the Yangcheon Confucian School located in Gangseo-gu Seoul Metropolitan Government; (b) she arrived in front of the exit of 484 subway Station 1 in Dobong-ro, Dobong-gu, Seoul, Dobong-gu, Seoul; (c) she spited the victim with the Defendant, who was diving at the rear seat, and dumped the victim with the Defendant, who was locked at the rear seat, “I continue to dice, I am the victim’s shoulder, and fright the victim’s shoulder,” and (d) she continuously sold the victim’s shoulder and the victim’s shoulder by drinking.

2. In the date, time, place, and place described in paragraph 1, the injured Defendant: (a) taken the victim’s face with the Defendant getting out of the taxi without paying the taxi fee; and (b) taken the victim’s body surface and body body part in several times, the injured Defendant inflicted injury on the victim, such as on the part of the inner part, in need of medical treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each investigation report (the examination of black stuffs, such as checking places where a victim is injured by a diagnosis report, etc.);

1. A report on internal investigation (related to the confirmation of the black stuffed images submitted by the victim);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs of the victim, the victim's photograph, the scene of the crime, and caps;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 257 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the order to attend a lecture and the order to provide community service order are that the defendant recognized the crime of this case under favorable circumstances to the defendant, causing assault and injury to the driver without any particular reason under the influence of alcohol.