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(영문) 서울북부지방법원 2017.04.20 2016고단5094
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

On August 6, 2016, around 19:40 on August 6, 2016, the Defendant was boarding a F taxi operated by the victim E (62 years) at the front of the village bus stop located in the Dobong-gu Seoul Metropolitan Government D Hospital.

The defendant, when he was in transit for the purpose of 19:50 on the same day, demanded the victim to pay the taxi fee to the defendant. In other words, he saw the victim as the summer station, saw the victim's bath, saw the boom boom, which was attached on the rear side of the taxi inside the taxi, 2 times the damage victim's defect, the victim's right side knick, 6,000 won in cash, f,00 won in cash, and f,00 won in cash, arrived at the river station, and f,00 escape, and f,00 the victim f, who was a driver of the vehicle in operation by booming the victim's breast with his hair, head, and knick, and f, who was a driver of the vehicle in operation.

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A photographic photo inside a taxi vehicle, a black stuff image photograph, a black stuff, and a CD;

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Social Service Order Act [the scope of recommendations] The reason for the sentencing of Article 62-2 of the Criminal Act [the scope of recommendations] when the driver of a motor vehicle under the aggravation area (4 months to 1 year), the aggravation area (special aggravation), [the person subject to special aggravation] [the sentence] unfavorable circumstances: the defendant has a history of punishment as an assault and a criminal record of suspended execution.

There was no smooth agreement with the victim.

A favorable circumstances: The Defendant reflects the mistake while attempting to commit the instant crime.

In contingent, the instant crime was committed. There are various circumstances, such as the age, sex, motive, and circumstances after the commission of the crime.

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