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(영문) 서울중앙지방법원 2014.07.22 2014고단1584
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for four 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

1. Around February 23, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers Violence) committed an assault against the driver of a vehicle driving on the part of the victim when the victim took a DNA taxi drivinged by the victim C at the Gao-dong, Gangnam-gu, Seoul, and expressed the victim’s desire to take advantage of the fact that it was not a place in the vicinity of the old-gu, Jung-gu, Seoul, and that it was not a place where he intended to take.

2. 공용물건손상 피고인은 2014. 2. 23. 06:30경 서울 중구 저동 2가 중부경찰서 대기실에서 위와 같이 폭행을 하였다는 이유로 체포되어 대기하던 중 술에 취해 욕설을 하면서 소란을 피우다가 오른발로 화장실 출입문 하단을 차 화장실 출입문을 수리비 20만 원 상당이 들도록 부숴 공무소에서 사용하는 공용물건을 손상하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement regarding C;

1. E statements;

1. Application of written estimates and damaged photographive Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime (the occupation of violence against a driver and the choice of imprisonment), and Article 141 (1)

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act among concurrent crimes;

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

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

1. The sentencing guidelines for crimes No. 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) of the Act on the Invalidity and Destruction of Public Articles 1 (Invalidity of Public Articles) (Scope of Punishment), where the value of the invalidated and destroyed articles is insignificant, the sentencing guidelines for crimes No. 2 (Recommendation of Violence) [Scope of Punishment] of the Act on the Punishment of Violence (Special Violence between one month of Imprisonment and eight months of Imprisonment) (Special Mitigation of Punishment): Reduction of the Act on the Punishment of Violence.

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