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(영문) 대구지방법원 서부지원 2016.09.08 2016고합125
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

Reasons

Punishment of the crime

On August 22, 2013, the Defendant sentenced 10 months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at the Daegu High Court, and completed the execution of the sentence on August 22, 2015.

1. Around 18:20 on May 12, 2016, 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 assault by the victim himself/herself, who was driving the said taxi while driving the said taxi on his/her own with a nearby police box while driving the said taxi and driving it at the destination of the victim C (the age of 72) prior to the performance park located in Jung-gu, Daegu-gu, Daegu-gu, Seoul-gu, and did not pay the taxi expenses that the victim would have changed the taxi expenses, but there was no money. Accordingly, the Defendant committed assault by the victim in order to turn the victim into a nearby police box for about 14 days, resulting in the victim’s injury to the character of a face of unknown face, which requires treatment for about 14 days

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

2. On July 7, 2016, the Defendant: (a) 22:50 on July 7, 2016, 2016, the Defendant: (b) taken the back seat of an individual taxi drivered by the victim FF (the age of 62) in front of the theater located in Daegu-gu D, Daegu-gu, to the back seat of the taxi; (c) arrived at the destination; (d) changed the taxi cost; and (d) assaulted the victim’s left return

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Investigation report (to confirm the voice of taxi booms);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 of the Criminal Act concerning facts constituting an offense, and Article 5-10 (2) and (1) of the same Act concerning the selection of punishment;

1. Article 35 of the Criminal Act among repeated crimes: Provided, That the proviso to Article 42 of the Criminal Act shall apply to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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