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(영문) 의정부지방법원 2014.11.05 2014고합188

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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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 became final and conclusive.

Reasons

Punishment of the crime

1. On May 6, 2014, the Defendant: (a) requested the victim to go to the Gangwon-si Hospital located in the Sincheon-si, Sincheon-si, Sincheon-si, and (b) that the victim C would normally pay the taxi fee if he/she gets aboard a D business taxi operated by the victim C.

However, the defendant did not have the intention or ability to pay taxi expenses.

The Defendant deceptioned the victim as such, and caused the victim to operate the taxi from the above place to the 16-day roads near the city of Macheon-si, the Defendant acquired the pecuniary benefits equivalent to the same amount by not paying 15,000 won of the taxi fee even though he did not pay 15,000 won.

2. On May 6, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed an injury to the victim, such as salt, tension, etc. in the chill of the 16th century, when the victim C was on board the back seat of D-business taxi operated by the victim C, while under the influence of alcohol, the victim was able to take the back of the vehicle her hand without any reason, and the victim was able to take off his head and face of the vehicle “I will see the vehicle her seat during the driving. I will see the victim’s hair and face during the driving.”

The Defendant assaulted the driver of the vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation;

1. A written diagnosis of injury;

1. Written estimate of general repair expenses;

1. Application of Acts and subordinate statutes to photographs of victims and taxi vehicles;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 347 (1) of the Criminal Act concerning the relevant criminal facts, and Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;