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(영문) 대전지방법원 2013.11.21 2013고합396
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On September 6, 2013, the Defendant, at around 21:18, went on a F-si vehicle driven by the victim E (the age of 63) in front of the Daejeon metropolitan area, and went on a H fire fighting boat located in Seo-gu, Daejeon, Seo-gu, Daejeon, while driving on a F-si vehicle operated by the victim E (the age of 63). On the other hand, the Defendant got off the victim’s chests and buckbucks by hand, who are not located in the direction of the Defendant’s destination.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed an indecent act against the victim while getting on and getting on a taxi that the victim is driving, and committed an indecent act on the part of the victim, and caused damage to the victim’s head, chest, face, etc. requiring medical treatment for about 14 days when the victim took care of the victim’s head, chest, face, etc. on the ground that the victim prevented the Defendant from acting.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and documentary evidence of the case (in the taxi, the contents of conversation recorded therein);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Drivers, Violence, etc.) within the scope of adding up

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Where the criminal facts of Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order are confirmed guilty, the defendant shall be punished against sexual crimes.

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