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(영문) 수원지방법원 2018.01.11 2017고합623

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 13, 2017, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Assault, etc. of Drivers) was moving the victim C (45 years of age) to F in the same city E, which is for the purpose of getting on the top of the steering line of D personal taxi in the front of the Katan KT Telephone (45 years of age) and driving in the front of the same city at the time of her own car in the same city in the same city. In short, the victim's face while driving in the same city in the same city in the same city in the future in the future in the future in the future in the future in the future in the future, without any reason, has come into the above F, which is continuously the objective of being under the influence of alcohol, and the victim's chest and the f, with the victim's chest and frier's own hand, has changed the victim's fee, and the victim's chest and flad with the victim's cell phone, etc.

As a result, the defendant abused the driver of a vehicle in operation and suffered about two weeks of treatment from the victim's impairment of the face that needs to be treated.

2. The Defendant damaged property by removing booms, which are the victim’s possession attached to the above taxi in hand at the time, place, and at the same time and place of the above paragraph 1, thereby damaging that amounting to KRW 210,000 in repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. 피고인에 대한 겅 찰 제 3회 피의자신문 조서 (C 진술 부분 포함)

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Written estimate;

1. Application of the Acts and subordinate statutes to data on photographs of victim parts, photographs of damaged objects, and photographs of each black stuff image analysis;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), and Article 366 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the punishment is aggregated with the long-term punishment of two crimes specified in the crime committed for the heavier specific crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Quantity (the top of the favorable reasons for sentencing).