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(영문) 서울중앙지방법원 2014.12.26 2014고합1315

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 특정범죄가중처벌등에관한법률위반(운전자폭행등) 피고인은 2014. 10. 1. 01:35경 피해자 C(46세)가 운전하는 D 택시의 뒷좌석에 승차하여 귀가하던 중, 서울 강남구 E에 있는 F 앞에 이르러 피해자에게 자신의 핸드폰을 주면서 전원을 켜달라고 요청하였음에도 피해자가 휴대폰 전원이 잘 켜지지 않는다고 했다는 이유로, 손으로 피해자의 뒷머리를 3회 때리고, 얼굴에 휴대폰을 던져 폭행한 후, 계속하여 피해자가 차량을 정차하자 피해 택시 조수석으로 옮겨 앉아 택시에 설치된 카드단말기를 두 손으로 잡아 뜯어 피해자의 머리를 2회 내리치고, 피해자가 이를 피하여 차량에서 내려 도망치자 뒤쫓아 가 발로 양쪽 다리를 찼다.

After all, the Defendant assaulted the victim in operation as above and suffered bodily injury, such as crypitis that requires treatment for about 14 days.

2. The Defendant damaged property at the same time and place as the preceding paragraph, and at the same time and place, the amount of KRW 1.80,000 per repair cost was damaged by the victim Sam-si Co., Ltd., Ltd., which was attached in the said damaged taxi.

3. The Defendant of the assaulted the victim G(55) witnessed that the Defendant’s above C at a time, at the same time, and at the same place as the above 1.1., and was assaulted by the victim G(55) that the victim’s scam in order to photograph it by video, and that the victim’s chest was scambling toward the floor by cutting the victim’s chest over

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Application of each Act and subordinate statutes to each investigation report, injury diagnosis report, written estimate, and each photograph;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), Article 366 of the Criminal Act, and Article 260 (1) of the Criminal Act concerning criminal facts, the point of violence under Article 5-10 (2) and (1) of the Act on the Aggravated Punishment,