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(영문) 서울북부지방법원 2016.09.02 2016고단2336
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 22:20 on May 10, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (hereinafter “Aggravated Punishment, etc.”) (hereinafter “Aggravated Punishment, etc.”) was seated and moved to the back of the back of the Do private taxi operated by the victim C (70 years of age) in the island field of Seoul Special Metropolitan City, Nowon-gu, 7, and eight times after the head of the victim.

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

2. On May 10, 2016, the Defendant, around 22:25, 2016, 123Rap apartment 302, a dry field in Seoul Special Metropolitan City, Nowon-gu, destroyed the car by walking the 110,000 won of the repair cost of D private taxi owned by the victim C.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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, Article 366 of the Criminal Act, and imprisonment with prison labor for each crime;

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

1. Article 62 (1) of the Criminal Act;

1. For a person subject to a special penal punishment as indicated in the sentencing guidelines for punishment of Article 62-2 of the Criminal Act on the grounds of sentencing of Article 62-2 of the Act on Probation and Order to Attend: A mitigated person, such as a confession, victim's non-compliance with the punishment, treatment of a person subject to a special penal punishment as stated in the sentencing guidelines for punishment of Article 62-2, and a person subject to a special penal punishment of Article 1 of the Criminal Act on the grounds of sentencing: A sentence for mitigation (not subject to punishment for January or June): A sentence for mitigation (not subject to punishment for a general penal person): A sentence for mitigation of punishment for ten months: A sentence for imprisonment with prison labor for a period of ten months or suspension of execution; a person subject to probation and order to attend lecture for 80 hours: A cumulative amount of punishment (15 times of a fine on the actual two suspended sentence): A confession, victim's non-compliance with the punishment,

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