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(영문) 서울중앙지방법원 2018.09.14 2018고합643
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

1. On June 12, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.) is suspected of being able to board and take a dog in the Gangnam-gu Seoul Metropolitan Government Olympic Games, as it is around 01:10 on June 12, 2018, and E-si operated by the victim D (60 years of age) with the steering force of the E-si operated by the victim D (60 years of age)

on the ground that annoying person, such as asking “,” is raised as soon as possible, “I ambling.”

“The victim’s face, shoulder part, etc. is at least three times in drinking, and the victim’s face was walked once, and the victim’s face was at least two-day treatment, such as the victim’s shoulder and string.

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

2. The Defendant damaged property at the time and place specified in paragraph 1, and at the same time and place, the Defendant destroyed the 15,000 won of the repair cost, such as pressing, exchange, etc., in order to ensure that the Defendant does not work normally, such as walking a taxi meter installed in a taxi operated by the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. Written statements of D;

1. A written diagnosis of injury;

1. A report on investigation (the confirmation of images of a victim's taxi stuff) and a report on investigation (the hearing of statements made by a victim D);

1. Application of the Acts and subordinate statutes concerning photographs, a written estimate for damage to property, and a taxi internal booms video CDs, all of which are damaged by a vehicle meter;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 366 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

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

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