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(영문) 광주지방법원 2014.11.26 2014고단3208
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On January 24, 2013, the Defendant sentenced 6 months to imprisonment with labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Gwangju District Court on July 25, 2013, and terminated the term of imprisonment at the interesting prison.

1. On July 16, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as Drivers, Violence, etc.) committed assault on 10 to 3-4 occasions on the ground that the victim C (the age of 56) was aboard a D taxi operated in the front of the Seogu Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Gwangju, on the ground that he was waiting in the front of the Seo-gu Hadong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Sim

2. On July 16, 2014, at around 04:07, the injured Defendant reported the victim to the preceding port prior to the 118 Macheon Military Security Center, as Seocheon-gu, Gwangju, about 04:07, and, as a matter of course, brought about about about about 14 days to the victim by considering the face of the said victim at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A victim's photograph;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of Acts and subordinate statutes governing criminal records, each copy of judgment, and current status of custody and confinement;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the crime, the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Type 1 basic area (4 to 1.6 months) (special mitigation) (4 to 1.6 months) of the Act on the Aggravated Punishment (4 to 1.6 months) (excluding four types) of general bodily injury;

2. The second crime (the scope of recommendations) committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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