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(영문) 서울중앙지방법원 2015.04.23 2015고단473

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six 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

1. Around 01:10 on January 8, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) parked in D taxi under the influence of alcohol on the road in front of the Dongjak-gu Seoul Metropolitan Government building, and the victim gets off and stopped the taxi at the time of the victim and the time of vision on the ground that “the victim gets off the destination.” On the ground that the victim gets off the taxi while driving the taxi again, the victim stopped the taxi at one time while driving the taxi.

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

2. The injured Defendant, at the time and place indicated in the above 1. Paragraph 1. on the same background as indicated in the above 1. Paragraph, immediately after the assaulting the victim on the part of the victim, the victim intending to leave the taxi in his own taxi, stopped the cab, bread the victim’s breath with the knick hand, and led the victim to a two-time treatment of the victim, considering the victim’s face and head breath, by drinking the victim’s hair.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate of injury and a photograph of damaged part;

1. Application of Acts and subordinate statutes to each investigation report (the counter investigation of scams and scamblings);

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the sentence of suspension of execution shall be imposed in consideration of the fact that the defendant's previous conviction and fine imposed due to violence are ten times or more, but it is not good to commit an act of assaulting and injuring the driver of a motor vehicle in operation despite the fact that the defendant's previous conviction and fine imposed due to violence is not good, but the victim who agreed with the defendant wishess to have the defendant's wife against the defendant, and that the defendant is willing not to commit any further crime, taking into account the fact that the defendant's previous conviction and the

1. Social service order under the Criminal Act;