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(영문) 서울동부지방법원 2016.12.02 2016고단2723
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for 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 June 24, 2016, around 14:56, the Defendant was boarding the head of the D taxi operated by the victim C (year 65) in the Cheonggu Seoul Metropolitan Government Cheonggu Office Distance, and became in front of Gwangjin-gu, the destination of the victim, around 15:18, on the same day. The Defendant got in front of Gwangjin-gu, Seoul Special Metropolitan City E-mail, which is the destination. The Defendant got in front of the victim. The Defendant got in front of the road, on the ground that there has been a lot of charges on the winding side of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation;

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

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime concerned;

1. Article 62 (1) of the Criminal Act (General Considerations favorable to the reasons for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where he/she assaults a driver of a motor vehicle in operation of a motor vehicle in an aggravated area (four months to one year) of category 1 (general assault) by means of assault crime according to the sentencing guidelines (the scope of recommending punishment).

2. Determination of sentence: Imprisonment with prison labor for six months, the period of suspension of execution for two years: The instant crime is committed by assaulting a victim who is operating at the end of the taxi rate that the Defendant was dead at the end of the taxi rate, and requires strict punishment as it is highly likely that the nature of the instant crime is bad and dangerous. In addition, even though the Defendant was a large number of violence, circumstances favorable in preventing the instant crime are recognized and reflected in the Defendant’s mistake in this court. Considering all the circumstances that are the conditions for sentencing indicated in the record, such as the Defendant’s age and occupation, character and character, environment, family relationship, relationship with the victim, and circumstances after the commission of the instant crime.

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