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(영문) 수원지방법원 2016.05.31 2016고합66
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 6, 2016, the Defendant: (a) 18:00, on the street, brought to the competent Sinsi-ro 173-ro, Sinsan-si, Suwondong 101, which was driven by the Victim C (61) of the Victim C (61) on the street, and arrived at the destination; (b) she did not pay money; and (c) she did not go to the house.

On the ground that the victim said that he was a victim of the defect that he was a victim with a mobile phone, the victim was able to take care of the victim, and the victim was able to take care of the above cab in front of the above Su treatment Apartment apartment, the cab was set off from the street before the above Su treatment apartment, with the right side of the road boundary by facing the above cab's own cab in front of the above Su treatment Apartment apartment, and the victim was set off with the math of the ma, thereby requiring approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to cover a damaged photograph, a black stuff image, a CD, a black stuff image;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (i.e., repeated circumstances favorable to the defendant)

1. The summary of the assertion is that the defendant's act of taking the taxi under the influence of the driver's seat on the road while driving the taxi on the part of the victim constitutes an assault against the driver as provided by Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, the defendant's act of causing bodily injury upon the victim's math is not against the driver of the vehicle in operation due to the occurrence of the victim's absence of the victim's intention after stopping on the road. Thus, Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that the defendant's act of inflicting bodily injury upon the victim.

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