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(영문) 서울동부지방법원 2014.10.23 2014고단2052
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 19, 2014, the Defendant: (a) around 22:00 on June 22, 2014, the Defendant was boarding a ice apartment located in the Songpa-gu Seoul Metropolitan City (5 years of age) in front of it and was making a shot road to go to the same gate-dong, the destination of which is the same Gu; and (b) on the top of the hand, the Defendant: (c) “I will put the victim’s face one time at the gate-side; (d) the victim was able to set up the said cab at one time.” (e.g., the Defendant was able to set up the gate.)

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] Where the degree of assault is minor (including persons who have been subject to special mitigation) in the mitigated area (one to half month) (one to eight months), or where the driver of a vehicle in operation (including efforts to recover damage), or where considerable damage has been inflicted on the driver of a vehicle in operation (one type) / [decision of sentence] The crime of this case is a crime that assaults a taxi driver in operation and is not good in light of the risk, etc., and the victim is punished for the same kind of crime, and the victim is disadvantageous to the defendant.

However, the fact that the defendant is recognized to commit the crime, the degree of violence is not serious, and the fact that the victim has agreed with is favorable to the defendant.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, family relationship, occupation, etc., shall be determined as the disposition.

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