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(영문) 서울북부지방법원 2013.06.13 2013고단675
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 8, 2013, at least 17:50 on March 17, 2013, the Defendant: (a) boarded the victim’s house in FNFnata taxi driven by the victim E (the age of 64) in front of the D-ro in Dongdaemun-gu Seoul Metropolitan Government; and (b) tried to open a front door door and walk back to the remote path while the victim was driving the said - while driving the said -, and tried to walk back to it. (c) The Defendant was 3-4 times to walk the victim’s left face.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished several times for the same or similar crimes. However, considering the fact that the defendant committed the crime of this case under the influence of alcohol for the aged of 67 years, the degree of assault against the victim, etc. is not much serious, and that the mistake is remarkably divided, the punishment shall be determined as ordered by the order.

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