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(영문) 의정부지방법원 2015.04.23 2015고합6
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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

1. On June 27, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of the Aggravated Punishment, etc. (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of the Aggravated Punishment, etc. (the Act on the Aggravated Punishment, etc.) (the Act on the Aggravated Punishment, etc.)

2. The Defendant damaged property, at the time and place specified in the foregoing Paragraph 1, removed the card terminal attached in a taxi, and damaged the victim’s property so that the repair cost equivalent to approximately KRW 780,000,00,000, in addition to the first after death, can be seen as breaking down the string of the instant rocketing taxi owned by the victim Manung-gun Partnership operated by the said C.

3. On June 27, 2014, at around 00:30, the Defendant: (a) was driving the DSS5 taxi driven by the victim E (the South and the age of 51) on the front of the galk-ro 237, Namyang-si, Namyang-si, the Defendant: (b) sustained the victim’s injury, by plucking and digging up the vehicle hand; (c) caused the victim to be able to have the victim get off the vehicle; and (d) when the victim’s face was taken one time due to drinking, the Defendant sustained the victim’s injury to have the victim tear the alcohol.

4. The Defendant: (a) committed assault against the victim E at the date, time, and place described in the foregoing paragraph (3); and (b) committed a theft by getting on and off the said SM5 taxi owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement of reference witness of the prosecution concerning E;

1. Statement to C by the police;

1. A written diagnosis of injury (C);

1. Application of field photographs, photographs of damaged parts of the victim, and photographs, explanations of the damaged parts of the Act and subordinate statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act.

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