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(영문) 서울남부지방법원 2017.12.21 2017고합488
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 31, 2017, at around 22:25, the Defendant: (a) boarded the victim C (67) in the area of active service in Gangnam-gu, Seoul, to go to the Seoyang-gu, Seoyang-gu, Seoyang-gu, the purpose of which is to move, and (b) was to go to the Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu; (c) in accordance with the 75-ro, Gangseo-gu, Seoul, Gangseo-gu, Seoul; and (d) in drinking, the Defendant assaulted the victim at once by drinking his head.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. 112 Reporting case processing, voice files, assault photographs, and black stuffs images;

1. Application of Acts and subordinate statutes concerning investigation reports (related to victim C investigation);

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of the recommended punishment on the sentencing criteria [the types of decisions] assaulting crimes, type 1 (general assault) (special sentencing factors): Where the driver of a motor vehicle in operation assaultss the driver of the motor vehicle in operation [the area of recommendation and the scope of the recommended punishment], but not less than 4 months but not more than 1 years (aggravated area).

3. Determination of sentence: Imprisonment with prison labor for six months and two-year conditions disadvantageous to a suspended sentence: The act of assault against a driver is likely to cause large accidents, resulting in a high risk of human and material damage to many unspecified persons; the act of assault against a victim in the instant case by a defendant who uses the victim in a taxi where the passage of the vehicle is at a rapid speed different from that of the taxi at a rapid speed; the circumstances favorable to the victim who wishes to punish the defendant: The fact that the defendant recognized the defendant's wrong and reflects the defendant's wrong; the fact that the defendant is deemed to have committed the instant act by contingency by drinking, and that there is no history of criminal punishment until now;

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