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(영문) 서울북부지방법원 2018.11.15 2018고단3006
폭행등
Text

The punishment of the accused shall be set forth in six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

(1) On August 9, 2018, at around 2018, the Defendant 15:35, the Defendant 2018 left a taxi in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and 207-73, and she was flick-dong, a destination, and she was flick-dong, a destination. The Defendant 201 was flick-do and flick-si, Seoul, Dongdaemun-gu, 207-73, and she temporarily stopped the taxi, she was flick-gu, walking the card device in the taxi, walking the card device in the taxi, she was flick-gu, and flick-gu, she was flick the victim's right-hand part of the victim.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol, etc. by the police against C;

1. 112 Reporting case handling table;

1. Application of each statute on photographs;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the case where the basic area (two months to ten months) (special mitigation) (including serious efforts to recover damage) of the person who is not subject to punishment, or where the driver of a motor vehicle in operation commits assaults the driver of a motor vehicle in operation (one type);

2. The assault against a driver who is in operation with a sentence of sentence is likely to pose a threat to other vehicles or drivers operating on the road, and the risk of such assault is very large;

Furthermore, the Defendant was subject to criminal punishment several times as a crime of violence, such as a violation of the Punishment of Violences, etc. Act, a crime of bodily injury, and a crime of assault, etc., and in particular, even though the Defendant was sentenced to a suspended sentence of one year in April 2016 due to the same crime, it is highly likely that the instant crime may be subject to further criticism.

In case of repeated crimes, the corresponding punishment is inevitable.

On the other hand, it seems that the defendant recognized the crime of this case and against it.

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