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(영문) 서울남부지방법원 2016.09.29 2016고단3163

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 24, 2014, the Defendant was sentenced to imprisonment with labor for one year and six months and a fine of 300,000 won for a violation of the Punishment of Violences, etc. Act (damage to a group, deadly weapon, etc.) at the Seoul Western District Court (hereinafter “Seoul Western District Court”) and completed the execution of the sentence on November 3, 2015 at the Seoul Southern Southern District Court.

On May 21, 2016, around 01:30 around Geumcheon-gu, Seoul, the Defendant: (a) had no money to lend KRW 5,00 to the victim D (71) who was on board a taxi that gets on the cab and was going to a customer; (b) but, on the ground that the victim refused to do so, the Defendant “the aged and the aged were returned to the victim who want to die; (c)

Dr. As soon as possible, 260,040 won of the repair cost was damaged by cutting down the balth of the victim's balth, balth of the balth of the balth of the balth of the balth of the balth of the balth of the balth of the balth of the balth of the balth of the balth of the bal

Accordingly, the defendant assaulted the driver of the vehicle in operation and damaged the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. On-site dispatch reports, photographs of damage, and estimates;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of the same force judgment against the suspect A);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by drivers), Article 366 of the Criminal Act, and choice of imprisonment with prison labor as to the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes: The fact that an agreement is made with the victim and the degree of damage is not severe;

A. Unfavorable circumstances: A crime is committed during the period of repeated crime, the same criminal records and several times, and among which, the crime of this case is committed by assaulting a taxi engineer who is driving together with the crime of this case, or by assaulting or breathing police officers dispatched therefrom.