(영문) 춘천지방법원 강릉지원 2016.05.04 2015고단1409

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(영문) 춘천지방법원 강릉지원 2016.05.04 2015고단1409

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 21, 2015, the Defendant was demanded by the victim C (45 years and South) of the victim C at a new bank located in Sungdong-dong at Samsung-si on March 21, 2015, the Defendant was on the franchising D taxi operated by the Defendant and was on the franchising of the post office. The Defendant was demanded by the victim who was on the destination to “a person who was on the franchising military unit,” and did not state a clear destination to the victim who was on the destination, and was demanded to pay the franchis from the damaged.” The Defendant was required to ask the victim to pay the franchis by carrying the franchis.

Since then, the defendant moved the victim to the police station, and the victim was driving the vehicle to go to the police station, and when the victim took the face of the victim by taking a sudden bath while driving the vehicle.

Defendant assaulted the victim who drives a motor vehicle as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 A list of reported cases;

1. Application of relevant Acts and subordinate statutes (No. 10, 11, 24, 25 of investigation records);

1. The reason for sentencing of Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Optional to Imprisonment) on the crime (the scope of recommending punishment) [the grounds for sentencing of Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes [the scope of recommending punishment] where the basic area (two months to ten months) of the crime (the term of imprisonment), the punishment is not imposed (including any effort to recover damage), or considerable damage is restored / Where the driver of a vehicle in operation commits a crime during the suspension of execution (the decision of sentence) [the decision of sentence] where the driver of a vehicle in operation commits a second offense during the suspension of execution (the crime of this case is a assault of a taxi engineer in operation) and the crime of this case appears to be an active attempt to conceal his own crime from the first investigation after the crime of this case. Thus, the sentence is inevitable.

However, it is too late and agreed with the victim, the defendant's age and family environment, and the victim will not repeat again.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

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