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(영문) 서울북부지방법원 2018.11.16 2018고합351
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around 01:10 on August 13, 2018, the Defendant: (a) boarded the victim C (63) at the back seat of a cab operated by the victim C (63) prior to the sawing box located in Mapo-gu Seoul Mapo-gu, Mapo-gu, Seoul around 76, around August 13, 2018.

The Defendant, at around 01:44 on the same day, arrived in front of the F restaurant in Seoul, Jung-gu, Seoul, the purpose of which is to 01:4, and tried to get off the taxi and to get off the taxi to the driver G, who was seated at the early string. However, the Defendant, who was seated in the above taxi driver, was able to take part of the victim's seat, and she was able to take part of the victim's seat that she was able to take one week medical treatment.

As a result, the Defendant committed violence to the victim, who was a driver of a motor vehicle temporarily stopped for passengers' getting off his/her vehicle and suffered injury.

2. On August 13, 2018, at around 01:49, the Defendant damaged property: (a) the said victim C and the said G are the Defendant, and (b) the said victim C and the said G were able to avoid the Defendant, thereby leaving the front of the said cab, which is owned by the victim, and then leaving the front of the said cab, which is owned by the victim, and then leaving the front of the said strings and the front of the strings of the said strings by drinking and walking the 814,471 won of the

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Photographss of damaged vehicles, specifications of inspection and maintenance of motor vehicles, black boxes in vehicles and video materials submitted;

1. Application of Acts and subordinate statutes to each investigation report [the verification of possession of D-Vehicles (4) and internal photographs (5) of victim vehicles];

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), and Article 366 of the Criminal Act;

1. The sum of the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, and the long-term punishment for each of the crimes, shall be aggregated;

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