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(영문) 서울중앙지방법원 2013.11.07 2012고합1423
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 1, 2012, around 02:48, the Defendant: (a) was able to take the back seat of the F taxi operated by the victim E (year 55) on the back seat of Gangnam-gu Seoul Metropolitan City and returned to the residence located in Gangnam-gu Seoul Metropolitan Government G on the ground that the victim refused boarding on the part of the Defendant; (b) was able to take the body toward the front seat by keeping the body fast onto the front seat of the victim; and (c) knife the part of the victim’s back head by keeping the knife the knife of the knife of the knife while driving the knife on his hand, and proceeded the said knife rapidly along three-lanes in the direction of the operation of the said knife; and (d) went into conflict with the part on the right side of the said knife.

As a result, the Defendant assaulted the victim who is operating a motor vehicle, thereby causing approximately two weeks of medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by witness E and I in the first trial record [the statement made by the victim E is reliable since the investigative agency to this court, and it is consistent with other evidence, such as a cabbbbox video];

1. Results of the verification of taxi boxes and chips of this Court;

1. Examination protocol on the accused against the prosecution (the credibility and voluntariness are recognized in light of the motive of objective confession of the accused, whether it conforms to circumstantial evidence other than the background confession that led to the confession of the accused, etc.);

1. A medical certificate of injury, vehicle contact accident photograph;

1. Application of Acts and subordinate statutes on recording;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. The main sentence of Article 186(1) of the Criminal Procedure Act.

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