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(영문) 창원지방법원마산지원 2020.12.18 2020고합66
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 June 24, 2020, at around 20:29, the Defendant was boarding the back seat of E-si operated by the victim D (Nam, 68 years of age) in front of the C-cafeteria located in Gyeongnam-gun B, and passed the F of the same Gun. On the ground that the victim is scheduled to leave the destination, he was able to take a bath for the victim on the ground that the victim left the destination, was able to take a bath for the victim, was able to take 1 time off the victim's face with the driver's seat, and continued to stop the taxi on the back seat, and then moved the victim to the side of the driver's face, and opened a driver's seat on the back seat, and made it possible to take the victim's face and the side of the victim's face.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement of D to each internal investigation report (Attachment to taxi booms and CDs), and (Attachment to taxi booms) booms and video CDs-related Acts and subordinate statutes

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One month to five years; and

2. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: Reference assault [Class 1] general assault [Special Aggravation] - Reduction elements: Reduction elements - Reduction elements: In cases of assaulting drivers of motor vehicles in operation (the area of recommendation and recommendation range), basic area [the scope of recommendation and recommendation range], and February through October.

3. Determination of sentence: The crime of this case committed for 10 months in imprisonment and 2 years in suspension of execution is a case of assaulting the taxi driver in operation, and the crime of this case is very heavy in terms of threatening the safety of citizens, such as pedestrians on roads, etc. as well as threatening the safety of pedestrians on roads and may cause danger to traffic order.

However, the defendant recognized the crime of this case and reflected the mistake, and the defendant agreed to the victim.

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