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(영문) 서울북부지방법원 2015.03.20 2014고합367
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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

On June 9, 2014, around 23:40 on June 23:5, 2014, the Defendant was moving the victim D (the age of 56) to the E-si in Samsung F&S and was moving to the Hong Dong in the direction of Hongdong, the Defendant sustained injury, such as fluoral salt, etc., requiring medical treatment for about 14 days, when the driver knife the driver and the head of the victim knife the driver knife and the victim knife the taxi on the side of the 161 internal circulation in Seongbuk-gu, Seoul. As a result, the victim continued to stop the taxi on the side of the knife and knife the knife of the knife of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (including attachment of video images and submission of a certificate of diagnosis of injury, change of the name of the crime), investigation reports (report of the contents of video images);

1. Article 5-10 (2) (former part) and Article 5-10 (1) (the defendant and his defense counsel) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime of this case shall be interpreted as limited to cases where "the occurrence of direct and specific risks, such as traffic accidents, and the safety of citizens, such as traffic accidents, and resulting in the occurrence of human thoughts through threat and threat to drivers of vehicles in operation". Thus, the defendant's direct injury to the victim, who is the driver of the vehicle in operation, and the occurrence of a traffic accident, cannot be applied to this case. However, considering the language and text of the above provision, the purpose of legislation and the protection of legal interest and interest of the above provision, the scope of application of the above provision cannot be deemed to be reduced or interpreted as stated in the above assertion, and the defendant and his defense counsel

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

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