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(영문) 서울남부지방법원 2016.07.22 2016고단2370
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 20, 2016, around 01:09, the Defendant was on board the back seat of the C-si operated by the victim B (64 years of age) in the Buddhist area located in Gangnam-gu Seoul on March 20, 2016, and there is no money to be paid as at the time the Defendant was requested from the damaged person on the street in front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, a neighboring destination, to pay the fee. The Defendant discarded “I will die.”

In order to make the victim feel “,” and to take the victim’s hand to get the victim’s hand to report to the police, the victim took the victim’s hand, and knife the victim’s hand, and knife the victim’s hand, and knife the victim’s safety level.

After that, the Defendant, who was deprived of his timber from the Defendant, got out of the taxi and drive away from the taxi, led the victim to cut down his neck by hand, and pressured the victim's elbow with his elbow going over the victim's neck.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant;

1. B written statements;

1. A report on the occurrence of violence;

1. A report on internal investigation (related to victims B);

1. Investigative reports (to hear statements from victims);

1. Investigation report (to hear additional statements made by a victim);

1. A written diagnosis of injury to B;

1. A taxi charge receipt;

1. A damaged photograph;

1. Application of the Acts and subordinate statutes to black stuffs and video images (ROMs);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault against drivers and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] shall be limited to the range of the recommended punishment [the scope of the recommended punishment] [the case where the driver of a motor vehicle in operation has abusedd the driver of a motor vehicle] the aggravated factors (the person subject to special sentencing] [the case where the driver of a motor vehicle in operation has abused the driver of a motor vehicle in operation] increased area [

2. Circumstances unfavorable to the determination of sentence: The instant crime committed by assaulting a taxi driver is not good.

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