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(영문) 서울서부지방법원 2016.09.28 2016고합232
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2016, the Defendant: (a) taken the victim C (53) of this case (53) operated by the Defendant on the Do-si (53) around 21:52 on July 16, 2016; (b) taken the inside circulation roads in Seodaemun-gu Seoul Metropolitan Government Hong-dong 265-437, on the ground that the injured party, who wants to spit spit spit spit spit on the taxi floor, spit spit spit spit spit on the taxi floor, she taken a part of the victim’s face and taken a part of the victim’s head one time by taking the front spit spit spits inside the taxi.

The defendant continued to stop the victim in front of Seodaemun-gu Seoul, Seoul and tried to get out of the taxi due to the defect that the victim stops in the three-lane and is about to get out of the taxi, ask the victim's left hand and fingers, take the head of the victim by hand, and check the head of the victim's head by both drinking.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and caused the victim to be injured by the loss of the head and other parts in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Investigation report (the confirmation of the image and the upper part of the victim's body), investigation report (the confirmation of the black stuffs image), investigation report (the hearing of the victim's statement);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The defendant's assertion and defense counsel's assertion under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order, and the defendant's and defense counsel's assertion to the effect that the defendant was in a state of mental and physical weakness by drinking at the time of the

The evidence duly adopted and examined by this Court.

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