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(영문) 인천지방법원 부천지원 2017.03.30 2017고단172

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 4, 2017, the Defendant: (a) around 23:00, on the street in the front of the Nowon-gu Seoul Special Metropolitan City, Seocheon-si, and (b) said that the Defendant was a non-smoking vehicle for the victim D (48 tax) to take in an individual taxi operated by the victim E in the operation of the victim and to smoke; (c) when the victim’s inside and outside part of the vehicle was returned to the hands.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. The defendant's legal statement (as at the second date);

1. Statement made by the police against D (List 4);

1. Application of the investigative report (List 8)-related Acts and subordinate statutes;

1. Articles 5-10 (1) and 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Imprisonment with prison labor for the crime concerned;

1. Article 62(1) of the Criminal Act on the suspended sentence (a) (a confession, reflectivity, or a suspended sentence shall not be imposed, and no criminal punishment shall be imposed against the latest five to six years, and contingent crimes in state and a deposit of one million won for the victim around March 13, 2017)