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(영문) 인천지방법원 2020.10.30 2020고단2850
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

To the extent that it does not infringe on the defendant's right of defense, some revision of the coloring words, etc. in the context shall be recognized.

On February 26, 2020, at around 21:34, the Defendant assaulted the back head of the victim who was seated at the driver's seat on the ground that the victim C (the age of 46) was at a D business taxi operated by Gyeyang-gu Incheon Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A taxi charge receipt;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One to five years from the month of imprisonment with prison labor for the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Tangible violent crimes (Type 1) and general assault;

(b)the scope of recommendations and recommendations and the basic area of recommendations, two months to ten months of imprisonment;

3. The sentence shall be determined in the same manner as the order, comprehensively taking into account the various conditions of the pleading of this case and the scope of recommendations in the sentencing guidelines, such as the nature and degree of the assault as indicated in the decision of sentencing, the age and character of the accused, the relation to the victim, the motive and means of the crime, the result of the crime, and

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