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(영문) 수원지방법원 2014.11.05 2014고단4034

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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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

1. On June 17, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the victim who was driving three wheeled the victim’s face with a hack-top in a hack-top, who was driving by the victim CM5 taxi and was moving to a hack-dong LG-top apartment, which is a destination, after getting on the cM5 taxi, and getting on the hack-top apartment in front of the hack-top apartment, while moving to the hack-top apartment, while the victim was moving to the hack-top., “I am to the hack-top in front of the hack-top apartment.” However, the victim hacked the victim “I am to the hack-top of the hack-top hack.”

2. 공용물건손상 피고인은 2014. 6. 17. 01:30경 수원 권선구 D에 있는 수원서부경찰서 E지구대에서, 위와 같이 택시운전기사인 B과 시비한 이유로 조사를 받던 중 소변이 급하다면서 화장실을 갔다가 화장실 문을 시정한 채 "야이 씨발 새끼들아! 화장지 내놔!" 라고 욕설을 하면서 그곳에 있던 시가 15,000원 상당의 화장실 변기 커버, 시가 10,000원 상당의 플라스틱 휴지통을 부수어 공무소에서 사용하는 시가 합계 25,000원 상당의 공용물건의 효용을 해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Damage photographs;

1. An investigation report (related to a written estimate for damage to the E District Property - Application of the provisions of the written estimate;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 141 (1) of the Criminal Act concerning the relevant criminal facts and the election of penalties;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant needs to be strictly punished considering the risk of assaulting a driver of reasons for sentencing under Article 62(1) of the Criminal Act, however, the defendant's mistake after the crime was committed, and the crime of this case was committed under the influence of alcohol.