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(영문) 제주지방법원 2019.05.22 2018고단1815
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On July 25, 2018, around 00:44, at the entrance of the “C” located at Jeju-si, the Defendant demanded the victim to turn to the left at the front of the G convenience point located at the G convenience point located at the Jeju-si, which was operated by the victim D (the age of 68) while boarding the taxi at the destination, and the Defendant demanded the victim to turn to the left at the front of the G convenience point located at the Jeju-si. The victim refused to “it is not allowed to turn to the left,” and the victim’s face was hick at one time on the hand, and the victim’s face was hick at the victim’s face who operates the police station.

Accordingly, the defendant assaulted the victim in taxi operation.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of related photographs and receipt statutes;

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. Probation and community service order Article 62-2 of the Criminal Act has many criminal records against the defendant with the reason of sentencing, and the criminal records of the same kind of assault against the driver are not weak.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: the fact that the defendant acknowledges and reflects his mistake, is agreed with the victim, and the defendant's age, character and conduct, environment, means and results of the crime, and the circumstances after the crime, etc.

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