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(영문) 서울남부지방법원 2013.04.04 2013고단326
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On January 31, 2013, the Defendant was sentenced to one year after being sentenced to a suspended sentence of four months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at the Seoul Southern District Court, and the judgment became final and conclusive on February 8, 201

【Criminal Facts】

1. On January 3, 2013, the Defendant committed a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.) committed an assault against the victim on the part of Guro-gu Seoul Metropolitan Government on the part of the route when the victim B (the 57-year-old age) was aboard the cab and was in front of the E located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, which was located in the seat of the destination, and without any justifiable reason.

2. The Defendant, while assaulting the victim at the time, time, and place of Paragraph 1, caused damage to its utility by walking the victim’s market value, which is installed inside the said taxi, with the appearance of an aesthetic fluor, and by getting the victim out of hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault against a driver, the choice of imprisonment), and Article 366 of the Criminal Act concerning facts constituting a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Taking into account the reflection of the defendant

1. Probation and community service order under Article 62-2 of the Criminal Act;

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