logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.12.19 2014고단7205
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 특정범죄가중처벌등에관한법률위반(운전자폭행등) 피고인은 2014. 9. 8. 20:15경 인천 부평구 B 앞길에서 피해자 C(47세)이 운행하는 D 택시의 조수석에 승차한 채로 가던 중 술에 취해 아무런 이유 없이 “내가 너를 때리면 깽 값을 얼마를 물어줘야 하냐, 이 씹할 놈이”라고 말하며 갑자기 손으로 피해자의 얼굴을 1회 밀치면서 피해자가 착용하고 있던 안경을 집어던졌다.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. Around 20:00 on September 8, 2014, the Defendant made a public insult of the victim by stating that the victim H of the police station affiliated with the said district would have the victim “to Chewingly become aware of a Chewing baby and four years, and to be known to him/her,” while he/she was able to look at the circumstances of the case while he/she was sent out after receiving 112 report in front of the Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to H and C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for each case;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing criteria [the scope of the recommended sentence] shall be the basic area (two months to ten months) (including special mitigation), the person who is not subject to punishment (including serious efforts to recover damage) or the person who has injured the driver of a motor vehicle in operation, and the person who has injured the driver of a motor vehicle in operation, shall be subject to the sentencing criteria for the crime for which the sentencing guidelines are not set. In the case of concurrent crimes with those for which the sentencing guidelines are not set, the lower limit is set according to the sentencing criteria for the crime for which the sentencing guidelines are set;

2. The defendant who has rendered a sentence recognized the instant crime.

arrow