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(영문) 서울중앙지방법원 2014.04.09 2014고단1138
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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

1. On December 28, 2013, the Defendant: (a) around 23:25 on December 28, 2013, when the victim was living in the back of a taxi operated by the victim C (ma, 62 years of age) in the Jung-gu Seoul Special Metropolitan City, Jung-gu B tunnel, and was living in the back of the taxi and talked with the victim as bad. (b) On the ground that the victim was living in the back of the taxi operated by the victim C (ma, South and 62 years of age), the Defendant continued to have the victim’s face face by drinking.

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

2. The Defendant: (a) assaulted the victim at the same time, at the same place; (b) took part in a 230,000,000 won of the market value of the victim’s wearing, and taken part in a boom, and removed an empty sign, etc. attached on the front of the victim’s taxi from the 50,000 won of the repair cost.

Accordingly, the defendant damaged the victim's inner diameter, the empty sign, etc., thereby impairing its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each statute on photographs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. 사회봉사명령 형법 제62조의2 양형의 이유 [유형의 결정] 폭력범죄, 폭행범죄, 제1유형(일반폭행) [특별양형인자] - 가중요소 : 운행 중인 자동차의 운전자를 폭행한 경우 [권고형의 범위] 징역 4월 ∽ 징역 1년(가중영역) [수정된 권고형의 범위] 재물손괴죄에 대하여는 양형기준이 설정되어 있지 않으므로 권고형량의 하한만을 반영함 [선고형의 결정] 동종의 폭력전과(집행유예 1회, 벌금 5회)가 많은 피고인이 재차 이 사건 범행을...

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