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서울서부지방법원 2018.03.21 2018고단285
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six 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

On January 10, 2018, the Defendant: (a) around 04:30 on January 10, 2018, the Defendant was on board the victim D(66 years old)’s assistant seat near the Seoul University Hospital located in Yongsan-gu Seoul, Yongsan-gu (66 years old) to be a customer and moved to a triang area; (b) requested the victim to turn the victim into a drinking place in front of the Seoul Yongsan-gu, Yongsan-gu, Seoul. However, on two occasions, the Defendant was able to take the victim’s neck, who was driving the said taxi on his left hand, to take the right side with the victim’s neck, who was working on the said taxi.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Article of the Act;

1. Selection of imprisonment with prison labor chosen;

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

1. In light of the fact that during the period of sentencing under Article 62-2 of the Criminal Act, the risk of assault by a driver or the record of punishment for the same crime has been committed several times, etc., the punishment for the crime of this case is not minor, but the punishment of this case is determined as ordered in consideration of the fact that the defendant is against his/her mistake, the fact that the defendant does not want the punishment by mutual consent with the victim, the degree of assault, the degree of the defendant's age, sexual behavior, environment, etc.

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