beta
(영문) 의정부지방법원 2020.08.20 2020고단1539

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 21, 2020, the Defendant: (a) 18:40 on the road in front of the Government’s neighboring “Catt”, and (b) saw the victim D (59 years of age to go into the city of the city of the city of the Gu, and (c) expressed the victim in taxi operation, without any particular reason, who gets into and going into the city of the city of the city of the government, and (d) expressed the victim’s desire to read “Watt” to read “Watt” to the victim in taxi operation, and assaulted the driver of the vehicle in operation, such as taking the victim’s hand by taking out the victim’s neck by hand

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to field photographs, victim photographs and materials;

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

1. Article 62 (1) of the Criminal Act;

1. Determination of the same sentence as the order shall be made by comprehensively taking into account the following conditions of sentencing under Article 62-2 of the Social Service Order Criminal Act and other conditions of sentencing as shown in the records, such as Defendant’s age, occupation, character and conduct, family relationship, and conditions before

The crime of this case was committed at a disadvantage: The defendant assaulted the taxi engineer boarding and operating in the taxi, and such assault is a dangerous crime that may lead to serious results; the crime of this case was committed again even though he was sentenced to a fine for the same crime in around 2016; the records of the same violent crime including the above criminal records are five times; the circumstances favorable to the fact that he was unable to use by the victim: The defendant recognized the crime of this case; the degree of assault is not excessive; and the degree of assault is not excessive.