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(영문) 전주지방법원 정읍지원 2013.05.29 2013고합17
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. Around 02:20 on December 16, 2012, the Defendant: (a) took a F taxi driven by the victim E (the age of 63) in front of the “D” on the road in the regular Eup/Myeon (hereinafter “D”); and (b) took a look at the victim’s speech that the victim E (the age of 63) is located in the regular Eup/Myeon; and (c) took a look at the victim’s fat, i.e., why the destination is located; and (d) takes a look at the victim’s fat, fat, fat, face, etc. while moving into the regular Eup/Myeon; and (d) takes the victim’s fat, fat, fat, face, etc.

The Defendant: (a) stopped the said taxi on the front of G in front of the said taxi at regular Eup, and (b) opened a driver’s seat back to the said taxi driver’s seat; (c) opened the passenger’s knee in front of the said taxi; and (d) opened the victim’s knee in front of the said taxi; and (d) opened the knee part of the victim’s chest.

As a result, the Defendant inflicted an injury on the victim, such as the left-hand hand and the part of the loss requiring treatment for about two weeks, the left-hand bed, the salt of the upper-hand bed, the tension, and the tension of the rash, and the tension.

2. On December 16, 2012, around 02:20, the Defendant damaged the said taxi to have 350,280 won of its repair cost, by drinking the above taxi steering and driver’s seat, etc., managed by the victim E, who was stopped due to the foregoing reasons on the front of the G road located in Jeong-Eup, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first trial record;

1. Statement to E by the police;

1. Each report on investigation;

1. Photographs of damaged parts;

1. A written diagnosis of injury;

1. Application of the written estimate statutes;

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, and Article 366 of the Criminal Act concerning the crime;

1. From among concurrent crimes, crimes such as assault by a driver of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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