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(영문) 서울동부지방법원 2017.12.06 2017고단3488
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

On October 14, 2017, at around 20:10, the Defendant 2, Jongno-gu Seoul, Jongno-gu, 2017, on the front line of the Gapark, she boarded the taxi steering room operated by the victim B (62 Do) and used the victim at around 2-3 times, with the left hand of the victim’s head knife, she assaulted the victim at 2-3 times.

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

Summary of Evidence

1. Application of the statutes governing the defendant's statutory statement;

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

1. Article 62(1) of the Act on the Suspension of Execution (this case has been punished by a fine for the same kind of crime on or around December 2011, the Defendant assaulted a victim of a taxi on the grounds that it is difficult to obtain it, and the Defendant has many records of having been punished in violation of the Road Traffic Act, and in light of the risk of assaulting a victim on the road, the nature of the crime is very bad.

It appears that the defendant is disadvantageous to the defendant, or that the defendant is led to confession and reflect, and there is no record of being subject to severe punishment exceeding the fine, and considering the fact that the victim expressed his/her intention not to want the punishment against the defendant by agreement with the victim, etc.

1. An order to attend a course under Article 62-2 of the Criminal Act;

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