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(영문) 서울동부지방법원 2013.11.27 2013고단2546

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 26, 2013, at around 00:15, the Defendant: (a) boarded in the back seat of a private taxi operated by the victim B (57 years of age) in the vicinity of the forest market located in the Jung-gu Seoul Metropolitan Government, and took a serious bath for the victim without any justifiable reason while moving to the boom of the boom-gu, Seoul Special Metropolitan City, which is a destination, and used the victim’s face while taking a serious bath for the victim; (b) flick the victim’s face, and (c) flick up three times in the latter.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

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 on the Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has a history of being punished several times for the same kind of crime, but there is no history of having been punished by imprisonment or more, and that there is no history of

1. Social service order under Article 62-2 of the Criminal Act;