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(영문) 서울동부지방법원 2012.07.13 2012고합156

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

(2) On December 10, 208, the Defendant was released on January 29, 2010 and the parole period expired on April 10, 2010.

(2) On March 2, 2012, the Defendant: (a) on March 2, 2012, the Defendant: (b) on March 21:2, 2012, she was driving D taxi in Seongdong-gu, Seongdong-gu, Seoul; and (c) on March 2, 201, the Defendant: (a) asked the Defendant where the final destination is located; and (b) caused the victim E (ma, 56 years old); (c) who stopped the said cab to get the victim E (ma, South, 56 years old); (d) caused the victim C to suffer injury, such as light salt, for about two weeks of treatment; and (e) caused damage to the repair cost to the 800,360 won (including value-added tax) by using the front door of the said cab; and (e) caused damage to the amount of repair cost on the side of the said bus.

Defendant

Comprehensively taking account of the act, the Defendant abused the driver of the vehicle in operation, thereby causing the injury of the victim C, and at the same time damaged the said taxi and the bus.

Summary of Evidence / [The Facts constituting a crime]

1. Defendant’s partial statement

1. C Legal statement of a witness;

1. Preparation of an interrogation protocol of judicial police officers against the accused (two times);

1. Statement (E);

1. A report on investigation, a diagnosis, and a written estimate;

1. Each photograph (prior record constituting a repeated offense);

1. An inquiry report;

1. Current status of personal identification and application of statutes of the judgment; and

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act concerning the crime committed;

1. Punishment provided for in Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (limited to punishment and punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are the most severe punishment);

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

1. Discretionary mitigation Criminal Act;