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(영문) 의정부지방법원 2014.05.29 2014고단912
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 of the final judgment.

Reasons

Punishment of the crime

1. On March 2, 2014, the Defendant: (a) removed a studs, taxi meters, and black box in total amount equivalent to KRW 1.90,00,00 in the market price owned by the victim who was installed inside a taxi on the ground that it is unknown, within the C-si operated by the victim B, who was in the direction of agricultural and fishery products from the stowing distance at 00:0 on the stowing-si, Sin-si; and (b) removed the studs.

Accordingly, the defendant damaged the victim's property.

2. Around 00:10 on March 2, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) committed by the victim B (the age of 56) who was going to the direction of the Guri Police Station from the Guriri-si T-si T-si T-si and one time on the part of the victim who was driving

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. B written statements;

1. Application of case-related photographs and vehicle repair receipt Acts and subordinate statutes;

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 choice of imprisonment with prison labor for each 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;

1. For negative circumstances of sentencing under Article 62-2 of the Social Service Order Act: The act of assaulting a driver in operation is likely to lead to a large-scale accident, and it seems necessary to seriously warn him/her; the defendant again commits the instant crime even though he/she had a record of punishment by a fine for the same kind of crime in 2008, and the defendant has committed the instant crime: The defendant shows an attitude against his/her wrong perception, and there is no record of punishment exceeding a fine.

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