logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.09.13 2013고합275
강도상해등
Text

A defendant shall be punished by imprisonment for two years.

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

1. A quasi-Robbery Defendant around 00:15 on May 24, 2013, 2013, around 00:0:15, the victim D (the 60-year-old age) set up a e-tax in front of Yeongdeungpo-gu Seoul Metropolitan Government for traffic accident in order to deal with the traffic accident and tried to commit a theft by driving the e-tax while driving the e-tax.

Accordingly, the victim gets on the part of the defendant's left part by putting the defendant's hand on his hand through the window of the driver's seat of the above taxi, attached the window of the above taxi with his left hand, and the defendant got off the victim who was leading about about 10 meters by leaving the above taxi as it is for the purpose of resisting the return of the taxi or evading arrest.

In addition, the Defendant driven the above taxi, while proceeding about 1 km to the front road of the Young-dong 2, Young-dong 2, Seoul, Young-dong 94, and brought about her breast part of the victim's chest to the victim who driven away another taxi.

As above, the Defendant abused the victim’s taxi and committed assault against the victim for the purpose of resisting the return of the taxi or evading arrest.

2. The Defendant violated the Road Traffic Act (driving) driven E-si under the influence of alcohol by 0.182% at a time and place, such as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of the Acts and subordinate statutes governing the photographic images of damaged vehicles;

1. Relevant provisions of the Criminal Act and Articles 335 and 333 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, the Act on Probation, etc., of orders to provide community service and attend lectures;

arrow