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(영문) 광주지방법원 2020.12.11 2020고합360
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

around 15:00 on June 6, 2020, the Defendant was taking aboard the back seat of E-si operated by the victim D (Nam, 61 years of age) on the cafeteria, “C” restaurant located in Gwangju Mine-gu, Gwangju, for the reason that his body was fast down by the wind of the victim's rapid internship, and caused the victim to take a hump dispute with the victim.

When the above taxi was on a road located in the amamb in the Gwangju Mine-gu, Gwangju, the defendant's wife considered the victim's "I ambal." while the victim temporarily stopped the taxi for the defendant's daily driving, the defendant continued to spit the victim's face, spits the victim several times, and spit the victim's head.

The victim suffered from the injury of the two forea and the two forea, which must be treated in the amount of two forea.

Accordingly, the Defendant assaulted the driver of a vehicle in operation, thereby causing the injury to the driver.

Summary of Evidence

1. The defendant's partial statement in the court (as to the facts except for the part on which "the victim was born with her head during the crime)

1. The legal statement of the witness D (victim) and the police interrogation protocol of the same person;

1. The Defendant and the victim’s scam images [Judgment on the Defendant’s assertion], which took place a dispute between the Defendant and the victim, do not have a victim’s scam, and the Defendant was not scamed by himself/herself, and the victim merely contacted one another’s head in the process of being pushed into one’s breath and pushed into one’s breath.

However, according to the taxi black images in which the light progress and sound at the time of dispute are relatively recorded well, ① the Defendant who did not take part in the part is spiting, first of all, the Defendant who did not take part in the part, and ② the victim is prevented from getting out of the car.

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