(영문) 인천지방법원 2017.02.09 2016고단7951

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(영문) 인천지방법원 2017.02.09 2016고단7951

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 13, 2016, around 05:38, the Defendant: (a) boarded D taxi operated by the Victim C (47 tax) from the Yandong, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul on November 13, 2016; and (b) went back to the east-gu, Seocheon-gu, Seocheon-gu, Busan, Seocheon-gu, Gyeonggi-do, the purpose of which is to boom, and went back to another place other than the passage of the Defendant, and (c) f-7 times the victim’s right direction to f-7 times the victim’s right direction to f-7 times the victim’s drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Application of Acts and subordinate statutes to a report on investigation (for example, for a black scam reading);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The fact that there was a record of criminal punishment over five times including the suspended execution of the defendant for the reasons of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation, and that there was a clear statement that the defendant not only abused the driver, but also caused a significant danger to traffic safety by taking the hand of the taxi in operation, etc., shall be considered as a favorable condition, and the fact that the defendant agreed with the victim, etc. shall be considered as a favorable condition, and the punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

-형법 제62조의2

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