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(영문) 서울동부지방법원 2016.05.12 2016고단676
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On February 21, 2016, at around 04:44, the Defendant assaulted the victim who is driving a cab with the hand floor at two times the back water of the victim on the ground that the victim was driving a vehicle without having to the right side and driving the vehicle in mind at around 04:50 on the road of Gwangjin-gu, Seoul at around 04:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers against the accused (two times);

1. Application of the police statement protocol law to B

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the reason for sentencing of imprisonment with prison labor for the crime;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for two months to October, the basic area (two months to ten months) of the crime committed in the course of violence (general assault) - Special mitigation or aggravation of punishment: In cases of assaulting the driver of a motor vehicle in operation (one type).

3. The crime of this case, which committed an act of assaulting a taxi engineer in operation, is a large accident beyond the danger and injury to the driver and is highly likely to cause personal injury and physical damage to the unspecified majority. The defendant committed an violent crime, suspended execution, and sentenced 17 times to a fine. The defendant has the same criminal records as he/she was sentenced to a fine by assaulting a driver in operation, and the defendant was sentenced to a suspended sentence for 6 months on February 12, 2015 and was sentenced to 24 months in Seoul Eastern District Court for the same month. The judgment became final and conclusive on February 12, 2015, and is still under the suspended sentence, and is still under the suspended sentence, and even though the above judgment ordered a special observation along with the suspended sentence and ordered to put him/her under excessive drinking, it shall be committed under the influence of drinking and drinking.

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