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(영문) 서울남부지방법원 2018.07.05 2018고합196
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

On October 14, 2017, around 11:40 around Geumcheon-gu Seoul Metropolitan Government, the Defendant d (61) boarding a taxi operated by the victim D (61) in the vicinity of the digital complex in which the Defendant was divingd by the victim to know the exact destination in the vicinity of the digital complex at which the destination was to be added.

As the inside of Geumcheon-gu, the victim's back water from the victim who is running in drinking is about three times while passing through the Cheongdae-gu, and the victim stops the vehicle by changing the vehicle from one lane to three lanes, and the victim's face was about three times by opening the driver's seat from the above taxi and drinking.

The Defendant continued to attract the damaged person to the taxi, bat the bat of the victim, fatd the victim's face and head, batd the victim's face and head, and batd the victim several times, resulting in the victim's injury, such as catum cat that requires approximately two weeks medical treatment, and interfered with the victim's taxi business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs, etc. of victims;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former part of Article 5-10 (2) and Article 5-10 (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes (a crime committed by a driver) and Article 314 (1) of the Criminal Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment) ;

1. Reduction of a small amount (a favorable circumstance among the following reasons for sentencing) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;

2. The scope of the sentencing criteria according to the sentencing criteria shall be superior in terms of the sentencing criteria;

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