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(영문) 광주지방법원 2014.05.09 2014고합82

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On March 3, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) continued to run approximately 20 minutes until the victim arrives at the Seoul Northern Police Station by driving a taxi, and continued to drive a cab for about 20 minutes, by assaulting the victim's face side part of the taxi and feling feling feling felling feling in the direction of his own needs to be treated for approximately 2 weeks.

2. Around 20:50 on March 3, 2014, the Defendant assaulted the victim by following the victim inside the Gwangju Northern Police Station and the office in order to report the aforementioned facts before the front of the office entrance in the Gwangju Northern-dong, and by walking the victim's body in front of a large number of police officers, and leaving the victim's body by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act concerning the crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Drivers, Violence, etc.)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances favorable to the accused):

1. Article 62 (1) of the Criminal Act (General Considerations in favor of the following defendants):

1. Article 62-2 (1) and (2) of the Criminal Act to order probation and attending lectures;