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(영문) 수원지방법원안양지원 2020.11.13 2020고합72
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and 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

On February 22, 2020, at around 00:20, the Defendant boarded the taxi platform located in Gwanak-gu, Seoul Special Metropolitan City, in front of the exit 529, as he had arrived at the front of the exit 7 in the Goakwon Station, at around 00:40 on the same day while he was driven by the victim B (58 years of age) and arrived at the front of the exit 529, as he was in front of the front of the entrance 529, as he was at the destination of the 00:40 on the same day.

As a result, the defendant suffered injury to the victim who is a driver of a vehicle in operation for about 14 days, such as the inner left part, the blood transfusion, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of B of the Act and subordinate statutes to each CD of photographic materials and video records of the suspect's criminal intent, on the face of the suspect, a written diagnosis of injury in the legal statement in B;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2(1) of the Social Services Criminal Act, Article 59 of the Probation Act

1. The fact that the defendant alleged the defendant and his defense counsel assaulted the victim, but since the victim stopped the taxi, the driver of the motor vehicle who is "in operation" under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes does not assault the victim.

2. The legal interest protected by the Act on the Aggravated Punishment, etc. of Specific Crimes is to seriously punish drivers of automobiles who commit assault or assault against them as defined in Article 5-10 (1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes in order to establish traffic order and ensure the safety of citizens by force against them.

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