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(영문) 광주지방법원 2018.05.18 2018고단1108
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 19, 2018, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) around 06:00, around the home fluor, located in the area south 2 in Gwangju Mine-gu, Gwangju, on the ground that the Defendant, from among the roads used by the victim B (56) as a customer on the back seat of an individual taxi operated by the victim B (56) as his/her own taxi, he/she again asked the destination at the time of departure, on the ground that he/she again asked the destination at the time of departure.

피고 인은 위 목적지에 도착한 이후 피해 자로부터 " 욕하지 말고, 빨리 내려 라." 라는 말을 듣자 이에 화가 나, 뒷 좌석에서 주먹으로 시동을 켠 채 운전석에 앉아 있는 피해자의 뒤통수를 수 회 때리고, 피해자가 경찰서로 가서 피해 신고를 하려고 택시를 출발시키자 다시 뒷좌석에서 주먹으로 피해자의 뒤통수를 수 회 때리고 발로 옆구리를 수 회 찬 다음, 뒷 좌석에서 조수석으로 넘어와 다시 주먹으로 피해자의 얼굴을 수 회 때렸다.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. In order to see the date, time, place, and the time, place described in paragraph 1, and to see that the victim escaped from the taxi and did not see the defendant before the taxi, the injured defendant was able to take the victim's face by drinking, and her head.

As a result, the Defendant suffered bodily injury, such as cutting aggregates that require approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 257 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation;

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