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(영문) 서울중앙지방법원 2014.05.28 2014고단1616
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. From August 18, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (the Defendant), around 20:30 on August 18, 2013, took a bath for the victim who was able to ask him/her about his/her walk while getting on and returning a D taxi driven by the victim C (the age of 55) and was running on one occasion at the seat of the victim.

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

2. The Defendant: (a) committed violence, destruction of property, etc., at the time, place, and after the assault as described in paragraph (1) such as paragraph (1), the victim spits down the victim’s back water on the back side of the said taxi on one occasion, and damaged the victim’s back water on the back of the said taxi on the back of the road, on the back of the said taxi, and on the back of the hand, spits or damages the victim’s back water on the taxi, and by using the spits or s

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of photographs and receipt statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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

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

1. Although probation and community service order Article 62-2 of the Criminal Code have been punished for the same kind of crime (Assault, etc.) for the reason of sentencing, it is very poor in light of the fact that a driver who is in operation while drinking alcohol has been assaulted and damaged again, the nature of the crime is considerably poor.

However, if the defendant is detained for more than two months, he/she reflects his/her mistake, the bereaved family members of the victim C have deposited a certain amount to pay damages by depositing it, there is no record of punishment exceeding a fine since 1997, and other records such as the defendant's age, character, character and environment.

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