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(영문) 전주지방법원 2018.10.17 2018고단1452
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around 20:30 on April 13, 2018, the Defendant was boarding the victim C(64) as a guest to D cab and was getting down on the front road of 8 Dowsan-gu Dowsan-gu Down Down Down Down Down Down Down Down Down Down Don 8,00.

"I ambly, I am off the driver's seat at the cab without any other reason, and walk the victim's chest twice, and walk the victim's face three times due to drinking.

Accordingly, the defendant assaulted the taxi driver in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to cover a victim's photograph, a black stuff image image;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the case where he assaults a driver of a motor vehicle running in the increased area (4 months to 1 year) (a person with a special aggravated punishment] (a person with a special aggravated punishment).

2. The crime of this case in which the sentence of sentence was rendered was committed by assaulting the chest and face of the taxi engineer who was temporarily stopped to let the defendant get the defendant alight without any particular reason. Such crime is inevitable in light of the following: (a) the nature of the crime was not good; (b) there was a risk of causing serious damage not only to the direct victim of the crime but also to a third party's life and body by causing a traffic accident; (c) there was no agreement with the victim; (d) the damage was not recovered; and (e) the defendant committed the crime of this case, even though he had a history of punishment seven times (one time of suspended execution and six times of fine) for the crime related to violence, it is inevitable to sentence imprisonment with prison labor for the defendant.

However, it is true that the defendant has divided his crime and is against his depth.

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