(영문) 인천지방법원 2017.04.14 2017고단1248

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(영문) 인천지방법원 2017.04.14 2017고단1248

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 25, 2017, at around 23:00, the Defendant: (a) boarded the victim C (50 years of age) on the front side of the 20 Taesan apartment, a 477-gil-ro 487-ro Ma-ro 489, Bupyeong-gu, Incheon, the Defendant: (b) removed the taxi driver’s license attached to the taxi without any particular reason; (c) removed the victim from the taxi; and (d) took the victim’s face one time as water disease in order for the victim to operate the taxi to the nearby police station.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (the investigation of taxi booms);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines - Category 1 (Special Assaults) (Special Sentencings): In the event that the driver of a motor vehicle in operation has abused the driver of a motor vehicle in operation in the scope of punishment - [the scope of the recommended punishment] in the basic area [the scope of the recommended punishment] [the scope of the recommended punishment] from February to October [the general person in charge of sentencing] - The positive factors of mitigation: - The positive factors of the significant reflection [the reason for suspension of execution] - The positive factors of punishment (including serious efforts to recover damage) - the negative negative reasons for general consideration at least twice: A previous sentence of suspension of execution; the driver of a motor vehicle in operation is the victim at least twice; the positive degree of reflection;

2. The defendant who has been sentenced to criminal punishment for violent crimes on several occasions;

The driver's assault crime is likely to cause huge personal and material damage to many unspecified people as well as the driver.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

유사 판례

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