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(영문) 서울북부지방법원 2015.07.09 2015고단68
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for four months.

except that 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

[Criminal Power] The Defendant was sentenced to a fine of KRW 500,000 by the Seoul Northern District Court on October 26, 201, and was sentenced to a fine of KRW 500,000 as an assault, and had the same force six times.

【Criminal Facts】

1. Around December 21, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter referred to as “Aggravated Punishment, etc.”) was on the ground that he/she was able to board a D taxi driven by the victim C (the age of 46) in front of the U.S. Station located in Gangseo-gu Seoul Northern District, and 62 Dok-ro 62 Dok-ro Dok-ro Dok-ro Dok-ro Dok-ro

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

2. After the date and time stated in Paragraph 1, the injured Defendant inflicted injury on the victim, who was assaulted under the same circumstances as Paragraph 1, in light of the fact that the victim would report to 112 on the 112th of the taxi, resulting in the victim’s occurrence of a defect in telephone, and caused the victim’s injury, such as cerebral sye, in detail as it is necessary to treat the victim’s head for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Previous records of judgment: References to criminal records, investigation reports (report attached to the same type of judgment), and application of statutes, such as judgment;

1. Article 5-10 (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act on the Punishment, etc. of Specific Crimes concerning the crime, the choice of imprisonment, respectively;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type 1 (General Bodily Injury) and the mitigated area (two months-one year-one year-one year-one year) (special mitigation) of general bodily injury;

(b) Type 1 (General Violence) and the basic area (two months to ten months) (Special Mitigation (Aggravated Mitigation)) of the Act on the Punishment, Non-compliance with Punishment.

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