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(영문) 서울동부지방법원 2015.05.28 2014고단3035
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

1. Around 00:10 on June 8, 2014, the Defendant, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver assault, etc.) was found to have been on the part of the victim on the ground that the victim C (the age of 37) was boarding the D taxi in the Arasan-ro 188, Gwangjin-gu, Seoul Special Metropolitan City, and the victim was changed to the victim, but the victim said that “I would have not talk about it in advance.”

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. The Defendant, at the time and place specified in Paragraph 1, stopped by the Defendant’s assault and left the taxi, and then asked the Defendant to assist the police officer at one time in his/her hand.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. C’s statement-recording of the third protocol of trial;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of the police protocol law to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. A person who is under special circumstances in the area of aggravation (4 to 1 year) of types 1 (general assault) of the Act on the Aggravated Punishment of Concurrent Crimes (Article 37), Articles 38(1)2 and 50 of the Criminal Act: A person who assaults a driver of a taxi in operation (Article 38(1) of the Act on the Aggravated Punishment of Concurrent Crimes (Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes: A person who is under special circumstances: (Article 1) of the Act on the Aggravated Punishment of Crimes: A person who assaultss a driver of a taxi in operation (Article 37 of the Act on the Aggravated Punishment of Crimes): A person who is under special circumstances: (a) of the Act on the Aggravated Punishment of Crimes; (b) the degree of violence and damage

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