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(영문) 서울동부지방법원 2020.11.27 2020고합329

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On August 14, 2019, the Defendant was sentenced to six months in Seoul Western District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) and completed the execution of the sentence on February 10, 202.

【Criminal Facts】

On October 4, 2020, the Defendant stated that, around 18:39, the Defendant was able to take aboard the back seat of the new franch station located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and went to his own residence located in Jung-gu Seoul, Jung-gu, Seoul, that the said franch going to go to the back seat of the franch, and stated that, on the ground that the said franch going to the franch was late at the late arrival of the franch, she was 9 times in total the part of the victim’s back head with his cell and hand on nine times in total, and that, in reporting to the police, the victim who stopped the said franch was able to go to the franch. When the victim was able to take the head of the franch, and the victim was able to take off the victim’s franch because the franch was set up against this.

As a result, the Defendant assaulted the driver of an automobile in operation, resulting in the injury to the victim, such as the salt, tension, etc. of a trend requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. B B B’s investigation report of a suspect interrogation protocol, investigation report (as to investigation command), investigation status report (as to investigation command), investigation status confirmation), and criminal investigation status report (to hear victim’s telephone statement) injury diagnosis report: The application of Acts and subordinate statutes on criminal records, investigation status report (as to confirmation of repeated crimes) and investigation status report

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: One year;