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(영문) 서울서부지방법원 2014.09.02 2014고합176

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

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

1. On May 13, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence) (hereinafter “Aggravated Punishment, etc.”) was driving in the back seat of D-si, Mapo-gu, Seoul, in the vicinity of the Hong-dong, Mapo-gu, Seoul, and was driving in the middle seat of D-si, which is a destination, and was in the new erogate, which is a destination, the Defendant was driving in the middle seat of D-si, and the Defendant was driving in the middle seat of D-si, Mapo-gu, Seoul, and was driving in the middle seat of D-si, which is the seat of the destination. The Defendant provided the erogic theory that “Is while playing and playing” the victim, and caused the victim’s bodily injury, such as two parts, which require the victim to receive treatment for seven days.

2. The Defendant destroyed and damaged property at the time and place described in paragraph 1, and at the same time and place, the Defendant destroyed and damaged the property that is equivalent to KRW 547,400 in repair cost by removing the victim C-owner and white scams installed in a taxi in his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation C;

1. An investigation report (attached documents, such as a written diagnosis of injury, written estimate, and photograph of damaged damage);

1. Application of the Acts and subordinate statutes concerning video recording of black boxes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes / Article 366 of the Criminal Act;

2. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the penalty provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, and the long-term punishment of the above two crimes).

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

5. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommending sentencing criteria: Imprisonment for not less than five months;

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.).