logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.18 2018고단6186
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 29, 2018, at around 01:45, the Defendant was able to take the back seat of the victim B (58) operated by the victim B (58) located in the back seat of the taxi located in the 71st week in the territory of the Michuhol-gu Incheon, Michuhol-gu, Incheon. On July 29, 2018, the Defendant was able to take the face of the victim with both hand at the time of the victim's head and the face at the middle of the Incheon IC branch.

Accordingly, the defendant assaulted the taxi driver in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of B’s written laws and regulations;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The assault committed against a driver during the period of repeated crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance.

However, it is necessary to pay attention to the situation of the defendant and the trend of the case that the police officer recognized in the boarding stage, as well as the fact that the defendant was on board a taxi from the earth's seat in the name of the police officer, the defendant's response at the risk of the defendant's non-sexual attack, and the defendant's response to the victim's arrival at the original destination.

If such circumstances are the same, the psychological consolation of repeated crime giving time for self-esteem may not work properly to the defendant at the time of the crime.

Considering these circumstances, even if the defendant is sentenced to the sentence for reasons of disqualifications for enforcement, it is likely that the defendant's ability to return to society or to weaken his/her ability to restore to society, and there is room for lack of sufficient effect to prevent special cases where he/she has good anti-social personality or intended punishment.

The sentence of a fine shall be imposed on a defendant in consideration of the principal offender who will permanently prevent recidivism and the necessity of medical treatment, etc. rather than detention which can be limited to the punishment of the prosecuted case, criminal administration, short-term isolation, etc.

arrow