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(영문) 서울북부지방법원 2014.12.22 2014고단2696
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

『2014고단2696』 피고인은 2014. 8. 17. 00:10경 서울 도봉구 도봉로 915 앞 길에서 피해자 C(60세)이 운행하는 D 영업용 택시 조수석에 승차한 후, 목적지를 물어보는 피해자에게 아무런 이유 없이 “목적지는 나중에 얘기하고 욕부터 할께”라며 욕설을 하고, 욕을 하지 말라는 피해자에게 피해자가 운행 중인 동 택시의 핸들을 중앙선 쪽으로 꺾고 주먹으로 피해자의 오른쪽 얼굴을 1대 때리고, 손가락으로 피해자의 눈을 찌르는 시늉을 하였다.

The Defendant continued to commit such violence as above, and assaulted the victim's face with his blue blue with his blue blue with his blue blue, and plucking or plucking the victim's blue with his left blue.

Accordingly, the Defendant assaulted the victim who is operating a taxi as above.

On July 23, 2014, the Defendant: (a) around 21:10 on July 23, 2014, 2014, when the victim was boarding a F taxi driven by the victim E (the age of 37) in the street near the Seongbuk-gu Seoul, and was going in the direction of the Gangseo-gu, Gangnam-gu, Seoul, and the victim was in the front of the forest blue of the 173 North Korean elblue, Gangnam-gu, Gangnam-gu, Seoul, and was her own hand when the victim her right breaths by asking the destination of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and E;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant has been punished as an act of violence, such as driver, assault, etc., again committed the instant crime under the name of 20 times. The act of assaulting the driver of a vehicle in operation.

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