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(영문) 인천지방법원 2015.10.29 2014고합677

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant was on board a back-side taxi operated by the victim C in front of the “Incheon-gu Exclusive Stak Stak Stak Stak Stak Stak Stakak Stak Stak Stak Stak Stak Stak Stak Stak

1. Around 18:20 on August 24, 2014, the Defendant charged the victim’s luminous vertebral body part of the victim’s breath in drinking on the front of the “F cafeteria” road located in Nam-gu Incheon Metropolitan City, Nam-gu, on the ground that the victim does not operate as a destination.

Accordingly, the Defendant was placed at the back seat of the victim who stopped the vehicle on the side of the road, and the Defendant was placed at the back seat of the victim's upper gate due to his head.

As a result, the defendant suffered damage to the character of the ornamental play that requires about 15 days of treatment and caused it to be sprinked by the victim.

2. The Defendant damaged property by breaking a 2.50,00 won vehicle boom, which was placed on the victim’s front glass or front glass while assaulting the victim, in his/her own possession, and then destroying the connection and damage.

Summary of Evidence

【Criminal Facts of Paragraph 1 at the Time of Sales】

1. Partial statement of the defendant;

1. Each legal statement of the witness C;

1. Partial statement of witness G;

1. Video images of video recordings;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. The damaged parts, internal photographs of the vehicle, damaged parts, and photographs of the damaged parts;

1. 112 reported details;

1. A written diagnosis of injury (criminal facts of paragraph (2) at the time of sale);

1. Defendant's legal statement;

1. Each legal statement of witness C and G;

1. Application of Acts and subordinate statutes to damaged parts and photographs;

1. Article 5-10(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13351, Jun. 22, 2015); Article 5-10(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13351, Jun. 22, 2015); Article 366 of the Criminal Act.