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(영문) 서울북부지방법원 2019.11.26 2019고단2523
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. 특정범죄가중처벌등에관한법률위반(운전자폭행등) 피고인은 2019. 6. 2. 03:30경 서울 노원구 상계로 69-1에 있는 지하철 4호선 노원역 1번 출구 앞길에서, 피해자 B(52세)이 운행하는 C 택시의 뒷자리에 승차하여 “D아파트로 가자”고 말하였고, 이에 피해자가 택시를 출발시켜 100m 가량 운행하였을 무렵 피고인에게 “어느 D아파트냐”고 묻자 “기분도 꿀꿀한데 그냥 가 이 새끼야”라고 말하며 손바닥으로 피해자의 뺨 부분을 1회 때려 폭행하였다.

2. On June 2, 2019, at around 03:40, the injured Defendant suffered injury, such as the spawning of the right side and the inner wall in need of medical treatment for about four weeks, by taking the body of the victim as head and taking the part of the victim’s face into his/her blue with his/her blue in front of the offset 449, Nowon-gu, Seoul Special Metropolitan City Nowon-gu, Nowon-gu, a Nowon-gu, and taking the victim’s blue with his/her blue, and taking the part of the victim’s face in his/her blue.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. E statements;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and the choice of imprisonment with prison labor for each

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act has already been five previous convictions, including the previous one, and the degree of the Defendant’s assault was not less than that of the Defendant. However, the Defendant’s confessions and reflects the Defendant’s crime, the Defendant’s consent was given, and other circumstances indicated in the instant records and arguments, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, as well as the circumstances after the crime.

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