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(영문) 서울남부지방법원 2018.06.01 2016고합231
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 18, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc. of Drivers) (hereinafter “Aggravated Punishment, etc.”) was under the influence of alcohol by a person who was at the time of receiving a demand from the injured party for the payment of charges, after boarding the E-si operated by the victim D (43 tax) as a customer on the street in front of Yeongdeungpo-gu Seoul Metropolitan Government as of April 18, 2016.

"In the light of the crossing theory, I would like to find out the fact that there is no money, and the victim would not pay the taxi expenses, and while the victim operated a taxi as a new scenic area, the defendant spits the brine on the first window of the taxi, thereby making the victim of the defect, "Feb .", "Feb . . . . . . . . . . ,"

“In the end, the victim was injured by the breath of the breath’s bat which was in operation of the taxi and the victim’s face bat, and the victim was faced with the injury of the victim, such as the victim’s face bating bat and bating bat upon drinking even after the fating of the taxi, the victim was faced with the injury of the bat, etc., which requires approximately two weeks of treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

2. The Defendant damaged property by destroying the card terminal device by generating a front line sign, etc. installed in the market price in the city of transportation owned by the victim Kangsung Co., Ltd. while assaulting D, as described in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A victim's photograph, protruding material, photograph, protruding material, and a medical certificate of injury on the part of the victim's damage;

1. Application of Acts and subordinate statutes to a report of investigation;

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 (the point of causing violence to a driver), and Article 366 of the Criminal Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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