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(영문) 서울남부지방법원 2019.08.21 2019고단1449
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On July 9, 2015, the Defendant was sentenced to a suspended sentence of one year and six months for committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Drivers, Violence, etc.) at the Seoul Southern District Court. On April 6, 2016, the Seoul Southern District Court sentenced the Defendant to six months of imprisonment for obstruction of performance of official duties, etc. at the Seoul Southern District Court, which became final and conclusive on June 24, 2016, and the sentence of the suspended sentence was terminated on April 24, 2018.

【Criminal Facts】

On March 16, 2019, around 00:50 on March 16, 2019, the Defendant used the driver of a vehicle in operation, such as taking a bath for the victim in front of Seoul, while getting in the back seat of the taxi operated by the victim B before the Yeongdeungpo-gu Seoul Metropolitan City Market Station 200, and returning home, without any reason, while serving in front of the Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal confinement status;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of violent crimes [type 1] ordinary assault [special multiple-offenders] mitigated elements: Where the degree of assault is minor (type 1, 6, and 7): Where the degree of assault is minor (including efforts made to recover damage): The area of mitigation [the scope of recommendations and recommendations] of the same repeated crime [the scope of recommendations and recommendations] mitigated area; January through August;

3. The criminal act of this case committed by the defendant on the sentence of sentence was committed against the victim of a taxi in the taxi and assaulting him/her of a mountain, and the act of threatening the safety of the driver, pedestrian, etc. by using violence to the driver of a vehicle in operation is committed against many and unspecified persons by causing other traffic accidents.

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