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(영문) 서울북부지방법원 2016.10.12 2016고단3378
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 7. 27. 22:40경 서울 강북구 B 앞길에서, 피해자 C(56세)이 운전하는 D 택시에 승차한 후 목적지를 물어보는 피해자에게 갑자기 “개 쌩 양아치 같은 새끼야, 죽여 버린다”고 욕을 하며 주먹으로 피해자의 얼굴을 1회 때려 운행 중인 자동차의 운전자를 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the Selection of Punishment.

1. Article 62 (1) of the Criminal Act;

1. A person who is subject to special sentencing guidelines from January to August to April to October to 1 of the basic aggravation of the classification of the grounds for sentencing under Article 62-2 of the Criminal Act, based on the classification of the grounds for sentencing under Article 62-2 of the Act on Probation and Order to Attend Training: Aggravating factors (drivers) and a sentence of recommending mitigation factors (in cases of imprisonment for a period between February and October): A sentence of imprisonment for a term of which no applicable: A sentence of imprisonment for a term of eight months: 2 years of suspended sentence of imprisonment for a term of which 6 months or suspended sentence; a person who is under probation and order to attend lecture for a term of 80 hours: A person who has been mitigated, such as cumulative records of the same punishment: A confession; a person who has

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