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(영문) 인천지방법원 2017.07.06 2017고단2302
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to the suspension of the execution of official duties in the Incheon District Court for 8 months, and the said judgment became final and conclusive on February 11, 2017.

On December 06, 2016, at around 03:15, the Defendant boarded the head of a taxi in the victim B (57) in front of the exit 10-o-dong, Seongbuk-gu, Seoul, Seongbuk-gu, Seoul. On the other hand, the Defendant assaulted the victim, such as the victim, by first checking whether there is a charge from the injured person in the taxi in Incheon, and by requesting the confirmation of whether there is a charge from the injured person in the taxi in front of the arrival in Incheon. On the other hand, the Defendant used the victim to check whether there is a charge from the injured person in the taxi in front of the arrival in Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The closure of the screen;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, text of judgment (2016 order, 9140) and previous convictions in disposition, reporting of the results of confirmation, and Acts and subordinate statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Elements unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing due to due consideration): An agreement is reached with the victim, contingent crimes, reflects the fact that the decision has become final and conclusive, and equity with the case that the decision is rendered simultaneously with the crime for which the decision has become final and conclusive;

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