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(영문) 서울남부지방법원 2013.10.24 2013고단2809
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 00:50 on July 6, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed assault against the victim by drinking water on the ground that the victim B (Nam, 55) who is a taxi driver in the taxi that passed near the “export bridge” located in Geumcheon-gu Seoul Metropolitan Government, was erroneous.

2. In around 00:53 on the same day, the injured Defendant was deprived of the said taxi in front of the Geumcheon-gu Seoul Metropolitan Government building, and then became a problem of the taxi rate with the victim and the taxi rate, and caused injury to the victim, such as inside the right side, which requires treatment for about five weeks, by drinking the victim's face.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. The screen screen by cutting a black boom;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the crime, the choice of imprisonment, respectively;

1. From among concurrent crimes, the sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the Defendant has been seriously injured by the victim; (b) but (c) the Defendant has not made any effort to pay for the damage so long; and (d)

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