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(영문) 대전지방법원 2015.12.17 2015고합360
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

except that 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. Around September 6, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (hereinafter “Aggravated Punishment, etc.”) was boarding a D taxi running by the victim C in the vicinity of the Gayangdong-dong, Daejeon-gu, Daejeon-gu, Daejeon-gu, where he was scheduled to leave the apartment of the Dong-dong, Seodong-gu, Daejeon-gu, Daejeon-gu. Around that time, the Defendant 1 was driving on seven occasions, where the victim was able to appear to have the face of the victim being driven because he was able to stop.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation and caused the injury to the victim, such as light fluoral salt, which requires treatment for about two weeks.

2. The Defendant causing property damage, at the time and place indicated in the above paragraph (1), destroyed the above taxi, which is owned by the victim limited partnership company, to have a total of 309,472 won, such as booming on the right side of the taxi, by leaving the taxi and walking away from the taxi continuously, and walking on the right side of the taxi several times, and thereby, damaged the above taxi, which is owned by the victim limited partnership company, to have a repair cost of KRW 363,00,00 in an amount equal to the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each photograph;

1. Written estimate, etc. of motor vehicle inspection and maintenance;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Specific Crimes, within the scope of adding up the long-term punishments of two crimes with heavy penalties);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 of the Criminal Act:

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