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(영문) 제주지방법원 2020.06.18 2020고단712
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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

At around 00:40 on January 9, 2020, the Defendant: (a) committed violence, such as assaulting the victim’s flaps, fating the fat at the time when the victim D (ma and 61 years old) was moved to a e-cab operated by the victim D (ma) in the vicinity of the C convenience store located in Jeju-si; (b) was in front of the Jeju-si when he was moved to a passenger; (c) was in front of the fat at the time when the victim was scheduled to leave the taxi; and (d) was fating the fat of the victim’s fat at the taxi; and

Around 00:50 on the same day, the Defendant assaulted the victim, by hand, on the ground that the victim was satisfed, while boarding the said taxi and traveling to the external police box before the 00:50 on the same day, on the ground that the victim was satisfed.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Report on occurrence [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.), related photographs, internal investigation reports (Submission of victim's black images), CDs attached to the victim's black stay images, recording recording, and the application of Acts and subordinate statutes of the record;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Election of Specific Crimes;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is committed by using violence against taxi articles. The crime of this case is disadvantageous to the following: (a) the nature of the crime is not less severe; (b) the Defendant’s records of punishment for violent crimes include the suspended execution of imprisonment; and (c) the Defendant did not agree with the victim and did not endeavor to recover damage.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, this case's age, character and conduct, environment, means and results of crimes, and circumstances after crimes, etc.

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