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(영문) 서울남부지방법원 2014.02.10 2013고단4800

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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

Reasons

Punishment of the crime

On November 30, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury, etc. at Seoul Southern District Court, and completed the execution of the sentence on May 23, 2012.

On November 18, 2013, at around 22:00, the Defendant: (a) boarded C cab driven by the victim B in front of the Southern-gu Seoul Metropolitan Government Station; (b) went into the old intersection; (c) and (d) went into the old intersection; (d) brought the victim back to the way in the tunnel; and (e) took a bath to the victim; and (e) assault the driver of a motor vehicle on the part of the victim, who is driving the cab while driving the cab.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on the field of violence;

1. Damage photographs;

1. Previous records: Criminal records, etc. inquiry reports and application of Acts and subordinate statutes to prosecution investigation reports;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes.

1. As to the Defendant’s assertion of the proviso of Article 35 and Article 42 of the Criminal Act among repeated crimes, the Defendant alleged to the effect that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. Thus, according to the aforementioned evidence, it is recognized that the Defendant was in a drunken state at the time of committing the instant crime, but did not have the ability to discern things or make decisions under the influence of alcohol at the time of committing each of the instant crimes, taking into account the circumstances, such as the background

It does not seem that it was or was a weak state.

Therefore, the above argument is not accepted.

The reason for sentencing is that the defendant has led to the confession of the crime and the mistake is divided, and it is good that the defendant has agreed with the victim.

However, the defendant has been guilty of violence over several times, and he does not know about the period of repeated crime, which is one year and six months after having been sentenced to imprisonment with prison labor on November 30, 201 due to injury, etc.