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(영문) 창원지방법원 2014.04.24 2014고합41

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

At around 03:20 on October 3, 2013, the Defendant: (a) taken the seat of the victim (the 60-year old-old taxi) on the front of the Dostststa taxi located in the Northwest-dong of Busan, and returned to the expressway in front of the Dong-dong Kimhae-dong Kim Jong-si, the destination of which was scheduled, on the ground that: (b) the Defendant took the seat of the victim; (c) taken the vehicle on the left hand; (d) taken the hand of the vehicle; and (d) taken the vehicle on the right side; and (e) taken the cab on the right side.

As a result, the Defendant assaulted the victim in operation, thereby incurring injuries to knee knee knee, etc. requiring treatment for about three weeks, and at the same time damaged the above rocketing taxi owned by the victim safety transportation company to have the repair cost of KRW 11,478,947, such as the exchange of the victim's strawer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of the traffic accident occurrence report, a traffic accident-related person's statement, and an accident site photograph;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Reasons for sentencing under Articles 53 and 55(1)3 (hereinafter referred to as the following favorable circumstances) of the Criminal Act for discretionary mitigation;

1. The basic area of the sentencing criteria [the scope of the recommendation area and the scope of the recommendation form], the basic area of the driver's injury (the recommendation area and the scope of the recommendation form], and one year and six months and three years; and

2. In the case of this case, the crime of this case was committed by the defendant, not only assaulted the driver of a taxi running around 70-80km/h, but also inflicted bodily injury on the victim by getting the driver of a taxi to return the hand and take the taxi on the street, etc., and the crime was destroyed to damage the taxi, and the crime was very poor, and the assault against the driver was committed to an unspecified person.