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(영문) 서울남부지방법원 2015.09.11 2015고합115
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violates the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) is a driver of Category C rocketing taxi;

On November 4, 2014, at around 01:59, the Defendant driven the above taxi and proceeded one-lane road in front of the five-lane of the fire-fighting road in Gangseo-gu Seoul Metropolitan Government from the airport market to the air-conditioning area.

피고인은 승객을 찾기 위해 서행과 정차를 수차례 반복하면서 운행하던 중, 피고인의 뒤를 따라오던 D 쏘나타 택시의 운전기사인 피해자 E(54세)이 상향등을 깜박이고 피고인의 택시를 앞지르면서 피고인을 쳐다보고 지나가자 자신에게 욕설을 한 것으로 오인한 나머지 격분하여, 피해자의 택시를 뒤쫓아가 그 옆에 피고인의 택시를 바짝 붙인 상태로 운행하면서 창문을 열고 피해자에게 차를 세우라고 소리쳤다.

Nevertheless, as the victim was not able to set up a vehicle, the defendant continued to run the same lane on the road in front of the shooting distance of 5-lane Kimpo-ro, Gangseo-gu, Seoul, Seoul, when the victim continued to drive the same, while changing the course of the two lanes in front of the shooting distance of the above road, the victim's taxi driving in the middle of the victim's taxi, who was living in front of the victim's taxi, and was faced with the left-hand part of the victim's taxi with the front left-hand part of the victim's taxi.

As such, the Defendant, carrying a taxi, which is a dangerous object, assaults the victim.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) was committed by the Defendant on March 23, 2015 at the Prosecutor’s Office 309 of Seoul Southern District Prosecutors’ Office located in Yangcheon-gu, Seoul, 390, and the Defendant denied the suspected offense while being investigated together with the victim in relation to the case described in paragraph 1, but the victim made a statement unfavorable to the Defendant on the background of the occurrence of the said case, and made a statement in the video of the black box that was submitted by the victim.

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