(영문) 서울동부지방법원 2015.04.15 2014고단1323

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(영문) 서울동부지방법원 2015.04.15 2014고단1323

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On February 8, 2014, at around 01:40, the Defendant: (a) went in the back seat of the passenger seat of the Guri Police Station located in the Guri-si Port, which was operated by the victim B (the age of 67) on the roads before the Siri-si Police Station in the Guri-si Port; and (b) 02:00 on the same day on the roads in front of Gwangjin-gu Seoul Special Metropolitan City, the Defendant expressed the victim’s desire to “this spacte, bitch bit, bitch bit,” and assaulted the victim, the driver of the vehicle, who is a driver of the vehicle operating at one time when the victim reaches the back.

2. At around 02:10 on February 8, 2014, the Defendant spite the victim F (the 39 years of age) of the victim F (the assistant belonging to the Mine Police Station E District) who was arrested as a flagrant offender for the same reason as that of paragraph 1 in the E District located in Gwangjin-gu Seoul Special Metropolitan City, and sexually insulting the victim by stating that “I am spite, bitched, bitched, bitched, bitched, bitched, bitched, bitched, bitched, bitched, bitched,” as the bitch son.

Summary of Evidence

1. Partial statements of the third police interrogation protocol against the accused;

1. The police statement concerning B;

1. Application of the F and G respective Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 311 of the Criminal Act and the choice of imprisonment for the crime;

1. The reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes [the scope of recommendations] the reason for sentencing under Article 38 (1) 2, and Article 50 of the Criminal Act [the meaning of recommendations] the case where a driver of an automobile operating in the aggravated area (4 to 1 year) (a special person] does not receive any tolerance from the victims (a decision of sentence ]. The defendant has a large number of records of having been punished for committing a crime related to violence, two times the records of having been punished for obstruction of performance of official duties, and the fact that the defendant was not present in the trial even after having

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

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