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(영문) 서울중앙지방법원 2014.02.14 2013고단8084
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

Reasons

Punishment of the crime

[criminal power] On July 6, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) at the Seoul Central District Court on April 1, 2013, and the execution of the sentence was terminated at the Seoul Detention Center on April 1, 2013. On September 4, 2012, the Suwon District Court was sentenced to two years of suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a driver assault, etc.) and the said judgment became final

[Specific Crime]

1. On December 09, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter referred to as “Aggravated Punishment, etc.”) took the victim’s DNA taxi on the front side of Dobong-gu, Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, followed the victim’s face while making a bath without any justifiable reason.

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

2. The Defendant: (a) arrested the driver of a motor vehicle in operation as in the foregoing paragraph (1) on the same temporary border as in the foregoing paragraph (1); (b) took care of the driver of the motor vehicle in operation as in the E zone; and (c) took a bath twice to the victim E zone G with the above C and F, etc. at the place where the victim E zone was located.

Accordingly, the defendant openly insulting another person.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Each police statement concerning C and G;

1. Each statement of H and C;

1. A complaint filed by G;

1. Previous Records: The Suwon District Court Decision, Seoul Central District Court Decision, Criminal Records, and other inquiry inquiry report (A), previous records of disposition and confirmation report (Attachment to the Decision No. 2012 type No. 1374), defense counsel’s defense counsel’s assertion on the present status of confinement and confinement of each individual, regarding the instant crime, the defense counsel’s defense counsel’s defense counsel at the time of the instant crime is drunk to distinguish things or make decisions.

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