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(영문) 서울남부지방법원 2017.09.15 2017고단3052
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

The defendant is a company member who is a taxi passenger and the victim B (56) is a taxi engineer.

1. On June 13, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) was on the opening distance in Guro-gu Seoul Metropolitan Government around 04:40 on June 13, 2017 and moved to the Guro-gu Seoul Guro-gu D building that was operated by the victim B (56 years old). The Defendant was on board the head of the Dong-gu Seoul, Guro-gu, Seoul, and the Defendant was on the part of the victim in the instant taxi that operated the above road near the chill of the error-dong c

When referring to the expression "", the victim's chests with grandchildren, etc., and the victim in the above taxi waiting to turn to the left on the road front of the error-dong in Guro-gu Seoul Metropolitan City at the error-dong, the victim is left to the left.

The victim, who was the driver of the above taxi in operation, committed assaulting the victim, such as booming the victim's chest with his/her grandchildren, etc.

2. Around 05:00 on June 13, 2017, the Defendant assaulted the victim B (56 years of age) who was a taxi engineer in the taxi, as set forth in paragraph 1, on the street near the Guro-gu Seoul Metropolitan Government D Building, and the victim was fluored by the victim, who was fluent from the said taxi, and fluenced the victim’s face by getting off the said taxi, and getting off the said taxi according to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to a report on investigation (the counter-investigation of a wooden shooting range);

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 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, Selection of Imprisonment, and Selection 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. The reason for sentencing under Article 62-2 of the Criminal Act, the background of the crime, the degree of assault damage, and the record of the crime (10 times or more, and the same violence.

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