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(영문) 수원지방법원 2020.05.21 2020고단1107

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 00:10 on January 25, 2020, the Defendant: (a) boarded the taxi driven by the injured party C (the age of 67) in front of a cafeteria located in the wife B, and (b) sent to the victim the “E” front of the “E” located in the said Sinung-gu.

After getting on a taxi driving by the victim, the Defendant: (a) talked with the victim as a matter of the payment method of taxi expenses; (b) took the victim’s request for confirmation of telephone numbers; and (c) took the scam, the victim scambling the scam to drive the said taxi, and scambling the victim by driving the scam to the said 380 unit of the said scambling-gu; and (d) took the scam from the back seat of the said scam to take the victim’s scam by hand.

Accordingly, the defendant assaulted the victim, who is a taxi driver in operation.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (verification of taxi booms image) and to data on video analysis of black booms attached thereto (Evidence No. 7 and 8);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of recommendation [decision of types] according to the sentencing criteria for violent crimes: Violence crimes [Class 1] general assault [Special Sentencing] mitigated elements: Reduction area of punishment not (the scope of recommendation area and recommendation area] mitigated area, imprisonment with prison labor for one month to eight months;

3. Based on the above sentencing criteria based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following circumstances, the defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, and the sentencing conditions indicated in the records:

A disadvantageous defendant shall commit violence against a taxi driver in operation.