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(영문) 서울북부지방법원 2016.01.21 2015고단4097
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A defendant who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.) driving a victim C (56 tax) on the street in front of the horse head in the Gangseo-gu Seoul Northerndong on October 19:5, 2015;

D When the above taxi gets a guest on the back seat of the taxi and the above taxi is going on the old road of Seongbuk-gu Seoul Metropolitan Government, Seongbuk-ro 21 (Haakdong, Integrated Social Welfare Center) for the reason that the victim was radio without being tending the victim even before the width, and the victim's own hand kids the victim's left son.

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

2. Around the day and night as described in paragraph (1) above, the Defendant: (a) opened a back door at the street in front of the building in Seongbuk-gu Seoul, Seongbuk-gu, Seoul to report to the police by the injured party; (b) opened a taxi in front of the building in Seongbuk-gu, Seoul; (c) tried to flee; and (d) went back to the victim’s side gate and vessel by drinking to the victim following the victim and his/her own.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police with regard to C;

1. C’s statement;

1. A report on investigation (related to a wooden person);

1. Application of Acts and subordinate statutes to recording books;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by the driver of a motor vehicle in operation), Article 260 (1) of the Criminal Act, and the choice of imprisonment with labor, respectively;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended sentence;

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc.) / [Scope of Recommendation] Where a person assaults a driver of a motor vehicle in the course of driving a motor vehicle in the area of aggravation (4 months to 1 year) (special aggravation) of Category 1 (General Assaults);

(b) Violence (the scope of punishment recommended).

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