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(영문) 창원지방법원 마산지원 2021.01.15 2020고합78
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 14, 2020, at around 19:07, the Defendant: (a) committed assault by the victim B (the victim South, the 63 years old) C taxi that is a taxi driver operating a tin line 20-way 6-lane prior to the tin line in Changwon-si, Changwon-si, Masan-si; (b) intending to get off the taxi without paying a fee, and (c) intending to get out of the taxi, the victimized person gets out of the taxi, with the intent of “this son and sweak”; (c) booming the victim’s neck by hand; and (d) intending to put the victim into drinking; and (e) booming the victim’s bridge that the victim continued to get out of the taxi, following the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Two copies of the report of the police statement No. B, two copies of the report of the police statement No. 112, and three photographs of the case No. 3

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 applicable sentences under law: Imprisonment for one month to five years; and

2. Aggravation of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the type] violence crime [the category 1] general assault [the person subject to special sentencing]: Where the driver of a motor vehicle in operation assaults the driver of the motor vehicle in operation [the area of recommendation and the scope of the recommended punishment] increased area, April of imprisonment through June of a year and six months.

3. Determination of sentence: The crime of this case in the period of eight months of imprisonment and the suspension of the execution of two years is a case of assaulting the taxi driver in operation, threatening the safety of citizens, such as pedestrians on roads, etc., and threaten the safety of citizens, such as pedestrians on roads, and may cause danger to traffic order, and the victim wants to punish the defendant, etc., the criminal liability of the defendant is not weak.

However, the defendant recognizes the crime of this case and reflects the mistake, and the defendant.

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