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(영문) 서울서부지방법원 2015.04.21 2015고단45
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six 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. Around 00:30 on November 25, 2014, the Defendant assaulted the driver of a motor vehicle in operation, such as plucking, plucking, etc., of the victim’s body going to the right side of the said taxi, which was driven by the victim C (the age of 53) from the riverside North Korea (the mountain direction) near the 481-72 East-gu, Mapo-gu, Seoul, Seoul, about November 25, 2014.

2. At the date, time, time, and place set forth in the above paragraph 1, the injured Defendant: (a) stopped the vehicle on the side by the victim who was plucking or plucking the Hand of the taxi; (b) taken the victim’s face on the side; (c) taken the victim’s face by drinking it; and (d) taken the victim’s face by cutting the Handphone of the defective victim who tried to report to the police, and took the victim’s face, etc., suffered injury, such as sprinking, etc. for about 14 days, for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Photographs;

1. Breambox c.

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

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of violence against a driver), Article 257 (1) of the Criminal Act (the point of injury) and the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes concerning Bodily Injury)

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include the fact that the accused has been punished for the same kind of crime, has not been agreed upon, the accused is a contingent crime, the victim's degree of damage, and other various sentencing conditions shown in the arguments in this case shall be determined as the same as the order.

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