(영문) 서울남부지방법원 2016.04.01 2016고단391

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(영문) 서울남부지방법원 2016.04.01 2016고단391

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 01:30 on February 10, 2016, was unable to find the destination of the victim C (5 years) at the back seat of the D taxi operated by the victim C (5 years) at the front seat of Yeongdeungpo-gu Seoul Metropolitan Government (5 years).

After the commencement of the city expenses, the part of the victim who was seated in the driver's seat shall be considered twice in his/her hand.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification to the department related to the report of 112 case;

1. Investigation report (report on video recording of victims);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

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. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] (the case where the degree of violence is minor) class 1 (the person in special sentencing] (the case where the driver of a motor vehicle in motion has abused the driver of a motor vehicle in motion] (the case where the driver of a motor vehicle in motion is assaulted) and the basic area [the scope of the recommended punishment] February to October;

2. Circumstances unfavorable to the determination of sentence: Fully considering the following circumstances: (a) the instant crime was committed by assaulting a taxi driver at a time; (b) the Defendant has been punished several times for violence-related crimes; (c) there is no circumstance that the victim did not agree with the victim; (d) there was no additional damage, such as the victim’s injury or injury; and (e) there was no penalty exceeding a fine; (b) there was no circumstance that the Defendant was punished; and (c) the circumstances leading up to the instant crime; (d) the extent and consequence of the instant crime; (e) the circumstances leading up to the instant crime; (e) the Defendant’s age; (e) the Defendant’s age; (e) sexual conduct; and (e) the circumstances after the crime; and (e) other various circumstances that are the conditions for sentencing

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

-형법 제62조의2

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