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(영문) 서울서부지방법원 2016.12.21 2016고단2867
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On September 6, 2016, at around 02:38, the Defendant was driving by the victim C (the 68-year-old) (the 68-year-old) who is a taxi driver on the front of the Mapo-gu Seoul Metropolitan Network Station, and was working in the direction of the Gu-dong in Eunpyeong-gu Seoul Metropolitan Government. On the same day, around 02:44 of the same day, the Defendant considered the victim’s head head part twice with the hand floor, and flicked from the cab to the flick.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Probation Criminal Act are as follows: (a) the Defendant recognized all of the crimes in this case and divided his mistake; (b) the Defendant agreed with the victim; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the crimes in this case; and (d) the degree of damage and the circumstances after the crimes, etc., shall be determined by taking into account

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