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(영문) 서울북부지방법원 2020.01.10 2019고단4619
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 18, 2019, around 01:22, the Defendant boarded a taxi operated by the victim B (year 61) in the vicinity of the Songpa-gu Seoul Olympic Games, and moved the taxi to the Changdong store located in Dobong-gu Seoul Metropolitan Government (hereinafter “C”), which is located in the destination, without any particular reason. The Defendant, without any particular reason, laid down the victim’s face by breaking the breath of the victim’s breath, and laid down the breath of the breath and breath of the breath of the 21-day mobile phone, and then, the Defendant suffered damage to the victim’s head, face, and other parts of the 21-day b1-day breath of the victim’s cell.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of investigation reports, the confirmation of the contents of a film, the closure of images, and the Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the offender appears to have accepted and reflected his/her intention, and that he/she does not want the punishment of a defendant by the unanimous agreement with the victim);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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