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(영문) 서울중앙지방법원 2014.06.20 2014고단325
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 29, 2013, the Defendant sentenced the Seoul Southern District Court to four months of imprisonment for a violation of the Road Traffic Act (driving) and completed the execution of the sentence on September 18, 2013 at the Seoul Southern Southern District Court.

1. Around 06:00 on January 5, 2014, the Defendant: (a) taken the back seat of the Dana-si taxi operated by the victim C (Namnam and age 71) at the front seat of the third hotel located in the Gangnam-gu Seoul Metropolitan City (Seoul) on the roads of the third hotel; and (b) around the lapse of the next hospital distance in Gangnam-gu, Gangnam-gu, Seoul; and (c) on the ground that the victim resisted the Defendant who made a statement about 40km in speed on the ground that the victim resisted the Defendant who made a statement about 40km of the si, the Defendant made two times the back head of the victim as a drinking in the front seat of the said taxi.

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

2. Around 06:05 on January 5, 2014, the Defendant: (a) 06:05, the victim C, who was assaulted as described in the foregoing paragraph (1), stopped a taxi on the roads near the duun apartment street located in Gangnam-gu Seoul Metropolitan Government Seo-gu; (b) obstructed the front of the taxi; and (c) assaulted the victim when taking the face of the victim by drinking it against the Defendant.

Summary of Evidence

1. Each legal statement of witness C, E, and F;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution against C;

1. A taxi charge receipt;

1. The suspect or victim's photograph;

1. One CD (sibbling video);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (report on criminal records and repeated crimes of suspects);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the relevant criminal facts and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Criminal Crimes

1. Article 35 of the Criminal Act among repeated crimes;

1. Determination of the assertion of the defendant and his defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes shall be made by the defendant.

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