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(영문) 창원지방법원 2019.10.17 2019고합141
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 July 6, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) stated that the victim stopped in the signal atmosphere in E-si operated by the victim D(60 years of age) in front of the “CBing Chapter” located in Kimhae-si B, and that the victim stopped in the signal atmosphere, and that the victim was “hicked with the victim’s face 3 to 4 times at the hand.”

The Defendant, at the request of the Defendant, committed assault to the victim, on the ground that the victim gets her neck in front of the Kimhae-si F and the G convalescent Hospital “G convalescent hospital” while driving the said taxi and the victim was forced to get out of the vehicle, and the victim was her to get out of the vehicle, and then her face her face was taken off, and then she was her drinking at the victim’s back, and then she was inflicted an injury on the victim, such as she was her eyed, her eyed, snow, surrounding snow, and other impairment (damage) that require approximately two weeks of treatment.

Accordingly, the Defendant committed violence to the victim, who is a driver of a vehicle in operation, thereby causing injury.

2. The Defendant damaged the property by assaulting the said victim at a taxi in front of the said G medical care hospital at the time and time as described in the foregoing paragraph (1) and destroying the utility of the said victim, such as the market price’s cell phone size and the string of the mobile phone owned by the victim, and the 20,000 won of the 20,000 won of the lag repair cost.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to each investigation report (referring to the submission of a report, etc. of accompanying photographs of damaged parts taken by a police officer subject to reporting);

1. Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part and Article 5-10(2)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime;

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