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(영문) 수원지방법원 2013.07.25 2013고합382
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On May 15, 2013, the Defendant: (a) around 23:40 on May 15, 2013, the Defendant: (b) was boarding a D taxi operated by the victim C (the age of 46) in the straight ray located in the sphere of Suwon-gu, Suwon-si; and (c) was able to take a bath before the F University located in the same Si/Gun/Gu E; and (d) caused the victim to damage in order to take the earphone, which is the victim’s possession of the earphone, by taking the earphone’s earphone that the victim had eared to ear.

2. On May 15, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) (the Defendant, like Article 46(1), was aboard the said taxi operated by the victim C and went to a destination. On the road front of the H filling station located in the same sigu G in the same sigu, the victim came to go to her from why she would return to her way, she would be Chewing, and when she gets off the victim’s eye on the right hand hand at one time, she saw the victim’s eye and string around the snow for about five days.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as a criminal report, a photo by cutting off a black box image screen, a black box CD, a diagnosis letter, a receipt, an investigation report (to be bound as a copy of a set of books in the I Hospital), a copy of the medical record (Evidence List 2, 3, 5, 6, 7, 9, and 10);

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act that applies to the crime, the choice of punishment, and the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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