(영문) 서울남부지방법원 2016.06.23 2016고단1585

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(영문) 서울남부지방법원 2016.06.23 2016고단1585

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six 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 February 29, 2016, around 00:10 on February 29, 2016, the Defendant was boarding the victim D (54 tax) at the top seat of E-si located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and went through the front seat of E-si located in the front seat of E-si located in the same Gu and went through the front seat of the new apartment located in the same Gu, without any justifiable reason, the Defendant was able to take back the victim's head debt by hand, and the victim was able to take back the cab and resist the cab, and the victim was able to take care of the victim's face.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a report on dispatch to the scene and a report on investigation;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence were 0 favorable circumstances: agreement with the victim.

0. Unfavorable circumstances: The defendant assaulted the victim in the course of vision for the reason that the victim wanted to refuse to take passengers, and the victim again assaulted the victim's 112 report after stopping.

In addition, it is not good that the police tried to assault the victim and attempted to assault the victim within the police station.

There is a criminal record of a fine of six times for violent crimes.

0. The punishment as ordered shall be determined in consideration of the various sentencing conditions shown in pleadings, such as the motive of the crime, the means and consequence of the crime, and the circumstances after the crime.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

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