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(영문) 서울동부지방법원 2015.05.14 2015고단710
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 15, 2015, at around 00:30, the Defendant took the head of the victim C (year 54) in front of the private household basin in Jung-gu Seoul Central District, and took the franchis of the victim C (age 54) away from the Amsan Station, and then taken the franchis of the victim’s franchis, which led to the franchising of the franchis in Gwangjin-gu, Seoul Special Metropolitan City, and led to the misunderstanding that the victim returned to the path, and that the franchis, frans, rings, and franchis, she saw the victim’s head twice in drinking, and examined the franchis of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”)

1. Reasons for sentencing under Article 62-2(1) and the proviso to Article 62-2(2) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommending punishment] When a driver of an automobile in operation is assaulted in the area of aggravation (4 to 1 year) of category 1 of the Act on the Punishment of Probation, etc. [the decision of sentence] [the crime of this case committed by assaulting a driver of an taxi in operation] [the decision of sentence]] disadvantageous circumstances: The crime of this case committed by assaulting a driver of an taxi in operation is serious in nature of the crime, since it is likely to cause human life damage due to a traffic accident, the crime of this case is serious in nature of the crime, there are several previous criminal records, and there is a record of the suspension of indictment after assaulting a driver of a vehicle in operation in 2013, and there is no record of recovery from damage, etc.

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