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(영문) 인천지방법원 2015.10.07 2015고단4660
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six 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

1. Around July 17, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) was on the road front of the “F Kablele” located in Nam-gu Incheon Metropolitan City E, and was under the influence of alcohol to the victim on the road front of the JJ5 taxi located in his/her place of residence, and was under the influence of alcohol in front of the JBS located in the same Gu, while trying to open the cryp of the victim’s arms on one occasion.

Accordingly, the Defendant assaulted the victim under driving.

2. Under the influence of alcohol at the above date, at the above place, the Defendant damaged the fee card terminal installed in front of the forepeak head so that the repair cost equivalent to KRW 150,000 can be broken off by generating the card terminal installed in front of the forepe head.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Damage photographs;

1. The application of Acts and subordinate statutes to investigation reports (report attached to estimates of damaged goods);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act and

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines for the first crime [the scope of recommendations] / [the scope of crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes] / [the scope of recommendations] / the basic area (two to ten months) of the crimes of assault and assault / [the person under special mitigation] / [the scope of recommendations] 2 crimes (Crimes of Destruction and Damage] that are not subject to punishment / [the scope of recommendations] / the mitigation area (-6 months] / the mitigation area (the scope of special mitigation] / the mitigation area due to the aggravation of punishment by many concurrent crimes who are not subject to punishment: February to November 1;

2. Although the decision-making defendant does not have the nature of crimes such as assaulting a driver without any special reason, the defendant shall commit the crimes;

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