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(영문) 서울동부지방법원 2014.01.27 2013고단2711
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six 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 20, 2013, at around 19:01, the Defendant took a taxi operated by the victim C(55 years of age) on the front of the 161-38-dong, Gwangjin-gu, Seoul Special Metropolitan City on the front of 161-01, and moved the victim’s face one time with the left hand while taking a bath for the victim without any reason.

Accordingly, the defendant assaulted the victim who drives a motor vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes concerning investigation reports;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (i.e., the fact that the defendant is remarkably divided, that the victim does not want punishment by mutual consent with the victim, that the degree of damage is relatively minor, that the defendant seems to have committed the instant crime by contingency under the influence of alcohol, that the defendant is treating violent inclinations caused by alcohol, and that the defendant has no yet been sentenced to punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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