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(영문) 인천지방법원 부천지원 2014.05.28 2013고단3447

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[2013Kadan3447] Around 19:00 on November 17, 2013, the Defendant: (a) taken a taxi platform in Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, Seocheon-si, to CK5 si; and (b) took a dangerous act, such as taking the sex in the cK5 dong-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, and then she was under the influence of alcohol on the road; and (c) she took a bath to the victim, who was running a vehicle, who was under the influence of the victim, she was able to brea the victim’s right breath with his/her hand.

[2014 Highest 791] On April 16, 2014, at around 22:30, the Defendant publicly insultingd the victim by referring to the victim F, who is a police officer belonging to the above E zone, to take a serious bath about the female taxi engineer of the taxi boarding at that time, at the front of the E zone in the Bupyeong-si, Seocheon-si, Seocheon-si, Seocheon-si, Seoul Special Metropolitan City. In front of the above district, the Defendant’s behavior was reported, and the victim F, who is a police officer belonging to the above E zone, Da and the Defendant were Da, and two police officers other than the above female taxi driver and two and many other police officers, and thereby, “the victim must grow up, nick, ring,” and “the bit bit bit bit bit bit bit bit bit f,” and “the bit son, one bit bit fe,” thereby publicly insulting the victim.

Summary of Evidence

[2013 Height3447]

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A photograph of the damaged part [2014 Highest 791];

1. Defendant's legal statement;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for each case;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes committed by the Defendant assaulted the victim who drives a taxi under the influence of alcohol despite the fact that the Defendant had been punished several times, such as suspended execution of crimes related to violence, fine, etc., and was charged with the investigation in the above case.