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(영문) 인천지방법원 2016.11.24 2016고단6857
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Around 21:50 on October 1, 2016, the Defendant: (a) taken a bath to the head of Yeonsu-gu Incheon Metropolitan City Steering Group C taxi operation of the victim B (58 years old); and (b) took a drunk to the victim without any justifiable reason, such as “nick, shot, shot, and shot down,” and (c) sustained injury, such as an internal fright, etc., on the part of the victim when he was drinking at the end of 3:4 times after he passed the road in front of the Incheon Nam-gu D., the Defendant sustained approximately two weeks of the victim’s right side side by drinking.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

2. On October 1, 2016, at around 21:55, the Defendant: (a) opened a studio, four hundred and forty thousand won of repair cost by removing a studio, four-one hundred and forty thousand won of the cost of repair, where the market price of the victim B, who is a taxi engineer, was attached to the taxi located inside the taxi to be landed from the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A criminal investigation report (Submission, etc. of a diagnosis report) and a criminal investigation report (Submission of a written estimate for a victim);

1. Application of the Acts and subordinate statutes governing the destruction of damaged vehicles, documentary evidence photographs, and the victim B image pictures;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act and choice of imprisonment with prison labor for each crime;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act on probation, community service order and order to attend a lecture is that the defendant assaults a taxi engineer on driving and damages the taxi, the risk and possibility of criticism is significant, and the defendant commits the same crime.

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