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(영문) 서울서부지방법원 2020.02.12 2019고단4122
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 24, 2019, at around 20:50, the Defendant boarded the E-tax operated by the victim D (year 57) on the front of the road located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (Seoul) and broken off the victim’s hand by bringing the victim’s hand, etc. one time by bringing the victim’s hand, etc. to the victim, who is unable to turn to the left at the end of the last three-day road located in Seodaemun-gu, Seoul, Seodae-gu, Seoul, Seodae-gu, the destination of which was located in F.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A photograph of the upper part of the body;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements 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;

1. Article 62 (1) of the Criminal Act;

1. The assault of a driver of a motor vehicle with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not only likely to cause harm to the driver's body, but also to pose a risk to public traffic safety.

Many of the defendants have criminal records related to violence.

However, other factors such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime are considered, and the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, and circumstances after the crime.

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