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(영문) 수원지방법원 성남지원 2018.06.08 2018고단541
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 26, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) (hereinafter referred to as the “Aggravated Punishment, etc.”) was boarding a cab in the victim B (61 Do) who is a taxi engineer at around 23:25, 2018, and was going to a destination when the victim repeatedly gets in the vicinity of the Sungnam-dong Sungdong-dong Sungnam-dong, Sungnam-gu, Sungnam-gu, Sungnam-gu, and then repeatedly asked the destination. The Defendant was under the influence of alcohol.

The driver of a motor vehicle in operation, such as taking the victim's face at a time and cutting off from a taxi in order to avoid this, was assaulted by the driver of a motor vehicle in operation, such as taking the victim's face, cutting off clothes, etc., in drinking.

2. Property damage: (a) at the time, at the time, and at the place specified in paragraph (1), the Defendant: (b) jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum jum

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 the provisions of Acts and subordinate statutes to a investigation report (including a written estimate attached to receipts for the damaged safety and mobile phones), receipts, and estimates (including sales slips);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 366 of the Criminal Act and the choice of imprisonment with prison labor for each crime;

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. Even though there was a record of multiple fines due to the reasons for sentencing under Article 62(1) of the Criminal Act and the destruction of property, the same crime was repeated.

However, the fact that the victim agreed with the victim, the fact that the mistake is divided and reflected, the degree of damage is not significant, and the fact that there is no record of crime exceeding the fine, etc. shall be considered as favorable circumstances.

The age, occupation, and other matters of the defendant.

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