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(영문) 서울남부지방법원 2018.12.06 2018고단5121
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

On September 28, 2018, around 22:20 on September 28, 2018, the Defendant was boarding a victim B (66 years) taxi in front of the Dobong-gu Seoul Special Metropolitan City, Seocheon-gu Seoul Special Metropolitan City in C-si and became the center of the marb in Gangseo-gu Seoul Metropolitan City.

At around 23:35 on the same day, the Defendant laid the safety ballast while driving in the vicinity of Yangcheon-gu Seoul Metropolitan Government Badong, and humpeded the victim with the warning to wear the safety ballast again from the damaged person, and hump three times the part of the victim's right eye and the part of the luminous bones, which was being used by the victim while humping the victim, and hump humd three times the victim's face by stopping the vehicle, making the vehicle stopped at the vehicle, making the report at 2:3 times from the vehicle, and hump hump of the victim hump was 2-3 times the victim's hump with the drinking and dumter.

Accordingly, the suspect assaulted the victim who is the driver of the vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (Submission of a medical certificate of injury);

1. Application of the Acts and subordinate statutes related to photographs with the statement of damage B and the statement attached thereto;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where he/she assaults a driver of a motor vehicle running in the aggravated area (from April to one year and six months) (special aggravated person) (in cases of assaulting a driver of a motor vehicle running in the aggravated area) during the sentencing guidelines (the scope of recommended punishment) ;

2. Circumstances unfavorable to the decision of the sentence: The punishment, including the previous conviction, has been imposed more than ten times, and the two times are assaulted by a taxi driver, the snow side of a taxi driver in operation may cause a serious accident to a mobile phone, and there is no agreement with the victim or compensation for damage to the victim.

(k) favorable circumstances: there is no record of being punished in excess of the penalties for the last ten years.

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