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(영문) 광주지방법원순천지원 2020.11.18 2020고단1735
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On June 24, 2020, the Defendant, at around 21:20 on June 24, 2020, got a passenger of C cab operated by B (ma, 63 years of age) and arrived at D neighboring destination, but under the influence of alcohol, took a bath for the victim, and failed to pay the taxi fee, and was operated by the victim as a stop box for the reporting of the victim. At around 21:42 of the same day, the Defendant assaulted the driver of the vehicle in operation at one time with the victim’s bath at the rear seat of the said cab in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes for internal investigation report (victim's statement, etc.) and investigation report (verification of black stay images) to B's written statement;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend lectures, despite the fact that the defendant had a record of criminal punishment several times for violent crimes, such as assault, injury, etc., again commits the crime of this case, and such

However, under the circumstances such as the fact that the defendant shows a profound attitude against his mistake, the defendant's age, character, character, environment, criminal records, the circumstances and results of the crime of this case, and the conditions of various kinds of sentencing as shown in the records shall be determined as per the order.

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