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(영문) 광주지방법원 목포지원 2017.04.13 2017고합18
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2017, the Defendant: (a) around 00:01, the Defendant: (b) taken the top of the F taxi operated by the victim E and was to drive the F taxi for booming at the time of booming; (c) on around 00:04 on the same day, on the front of the wooden Culture and Arts Center located in 102, Nampo-ro, Nampo-ro, South Korea, at the time of 00:04, on the ground that he does not have the course at his desire, pluck up the hand of the taxi driving on his left hand, thereby having the right side of the above cab on the right side of the road.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in a string that requires medical treatment for about two weeks, and damaged the amount of KRW 1,280,046, such as exchange, following the exchange of the above taxi owned by the victim new light taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (in cases of dispatch to the scene);

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes to photographs by destroying damaged vehicles, or by capturing a taxi stuff image;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

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)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. As to the assertion of the Defendant and his defense counsel under Article 62-2(1) of the Social Service Order Criminal Act, the Defendant and his defense counsel stated that the Defendant was unable to memory under the influence of alcohol at the time of the instant crime, and was in a physical

One of the arguments is the evidence mentioned above.

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