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(영문) 전주지방법원 2015.08.13 2015고단482
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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

Criminal facts

On January 24, 2015, at around 19:25, the Defendant: (a) boarded a Do (friendly traffic) taxi operated by the Victim C (year 51) with a customer; (b) intending to smoke in the taxi at the time the said taxi passed on the front road located in the city E-gu in the front city of the front city, and (c) intending to smoke in the taxi, and (d) the victim expressed his desire to “I fright to smoke in the taxi” to “I fright to smoke in the taxi; (b) I am fright to avoid the cigarette; (c) I stop the vehicle after the victim stops the vehicle; and (d) I am am fright of the victim’s coke by drinking.”

Accordingly, the victim "a person with a police station", operates the above taxi according to the volcanic Zone of the Mussan Police Station, and the defendant was at least three times on the right side of the victim, who is the driver of a motor vehicle operating as a drinking in the above-mentioned vehicle, and at least ten times on the rear side of the head.

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

Summary of Evidence

1. Defendant's legal statement;

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 committed under the relevant provisions concerning the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant repents his mistake and completely agrees with the victim);

1. Probation under Article 62-2 of the Criminal Act;

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