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(영문) 서울중앙지방법원 2020.01.22 2019고단7717
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

피고인은 2019. 11. 7. 01:11경 서울 관악구 남현동 1130 사당고가교 부근에서 ‘B(주)’ 택시기사인 피해자 C(58세)이 운행하는 ‘D’ 택시 앞자리 조수석에 승차한 후 피해자가 목적지를 말해달라고 하자 계속해서 “쭈욱 가”라고만 말하는 등 목적지를 제대로 말해주지 않았다.

After that, around 01:38 on November 7, 2019, the Defendant asked the victim who had arrived at the front of the Hague Terminal to be destinationed to him/her, and asked him/her about where he/she would have to go to the front of the Southern Terminal, and he/she told him/her that "if the victim makes a left-hand turn, he/she shall be inside the Southern Terminal, and no left-hand turn shall be made at this time," and the victim's cell phone that he/she used for a sudden interesting for two times, when he/she turns to the right-hand face of the victim, and 2-3 times off the victim's right-hand face.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of CD 1 CDs (booms and video files);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a meeting is that the defendant assaults the victim who is a taxi engineer operating without the statement of destination without any justifiable reason, and the nature of the crime is bad, there is no agreement with the victim, and the damage is not recovered. However, the defendant's mistake is against the victim while recognizing the crime of this case. There is no punishment for the same crime prior to this case, the defendant's age, character and behavior, environment, health conditions, circumstances leading to the crime, means and results, etc., and the punishment is determined as ordered in consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the circumstances after

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