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(영문) 서울북부지방법원 2017.02.02 2016고단5163
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the defendant and the defendant with a taxi driver B (64) driving.

On October 25, 2016, the Defendant: (a) around 06:10, around 06:10, at the front of the substation of the Dobong-gu Seoul Police Station located in 139, Dobong-gu Seoul, Dobong-gu, Seoul, the Defendant took a taxi driving by the victim and took a bath for the victim who was in operation without any reason; (b) displayed Masan on several occasions to the victim who was in possession, and (c) took the victim’s neck on one hand, and took the victim’s face at one time with his hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the field CCTV images and suspended photographs of violence;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The criteria for sentencing the reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommendations] The criteria for sentencing under Article 62-2(1) of the same Act / [the scope of recommendations] When a driver of a motor vehicle in the form of violence (4-1 year to 1 year) is assaulted with a driver of a motor vehicle in the form of aggravation area (special aggravation) / (1) the sentence is determined as the same as the order by taking into account the following circumstances under the decision of sentence (1) and other conditions of sentencing indicated in the records, such as the defendant's age, occupation

- the recognition of and reflect on the commission of a crime that has been punished due to the nature of the crime, poorness, assault, etc., and that they cannot be used by the injured;

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