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(영문) 춘천지방법원 속초지원 2015.07.22 2015고단268
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 17, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (collectively weapons, threats, etc.) in the early branch of the Chuncheon District Court on September 17, 2014, and completed the execution of the sentence in the Gangnam Prison on April 10, 2015.

【Criminal Facts】

At around 23:20 on June 3, 2015, the Defendant: (a) boarded the F taxi of the victim E (year 44) on the front of the D road located in Seocho-si, Seocho-si; (b) and (c) 23:30 on the same day, the Defendant, without any justifiable reason, expressed the victim’s desire to “I am out, I am out, I am out, I am out, I am out, and I am out, I am out, and I am out of the Marine Corps, I am out, I am out, and I am out, I am the front side of the victim in operation, with 10 head, and assaulted the victim’s face and part of the neck.”

As a result, the Defendant, who is the driver of a motor vehicle in operation, conducted light salt, inspection, etc. for about two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Photographs related to violence;

1. A written diagnosis of injury;

1. Previous convictions in the judgment: Criminal history records, etc. (A), investigation reports (report accompanied by a copy of the judgment), - The judgment, investigation reports (Report on the date of release A of a suspect), (Report on the date of confirmation of the date of release) / The defendant asserts to the effect that some assaults against the victim was committed while there was no assault as stated in the facts charged, and that it was committed during the stop. However, each of the evidence in the judgment, in particular, according to the victim's consistent statements at investigation agencies and courts, it is sufficiently recognized that the fact that the defendant inflicted bodily injury was committed as stated in the facts charged, and thus the above assertion is not accepted). The application

1. Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Discretionary mitigation Criminal Act;

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