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(영문) 서울남부지방법원 2018.05.31 2017고합586
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 30, 2017, around 22:15, the Defendant was in the process of getting in the front of the “gold Park”-ro 668, Geumcheon-gu Seoul, Geumcheon-gu, Geumcheon-gu, for the victim C (the age of 49) personal taxi and getting out of the said “gold Park”, which is for the following purpose: (a) the Defendant became the victim and the time being in the dispute with the victim.

1. The Defendant damaged property at the above time and place, on the ground that the victim’s attitude does not come to the woman’s mar, and subsequently, the Defendant destroyed the property owned by the victim so that the sum of KRW 411,948 is 41,948,00 from the above taxi’s mar.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) continues to go through the victim’s taxi back at the same time and place as paragraph 1, even after leaving the victim’s taxi back, as in paragraph 1, but the victim temporarily stopped by going through bracing in “D” while the victim temporarily stopped the taxi, he opened the steering gate of the said taxi and entered the taxi into the taxi, and then embling the victim’s breath by hand with flaping the flap, and blap of the victim’s flap.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses C;

1. Photographss, estimates, and related video CDs related to damage;

1. Application of Acts and subordinate statutes to each investigation report (verification of damage to property, on-site search, and on-site screening of black papers);

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the use of violence against a driver, the choice of imprisonment), Article 366 of the Criminal Act (the use of property damage, the choice of imprisonment), and Article 366 of the Criminal Act (the defendant and his defense counsel) on the charge of the crime of assault in this case (the defendant committed the crime of assault in this case against a victim's taxi once set off in the victim's taxi, while the victim's taxi was stopped, and thus the victim's taxi was not in operation at the time of the crime.

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