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(영문) 서울서부지방법원 2019.09.27 2019고단1985
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 25, 2019, 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 Drivers, Violence, etc.) committed assault against the victim under driving on the street, such as, on the ground that the victim B (the South and the age of 50) was boarding the back seat of the 1'19 Safety Center in front of the 1'19 Safety Center, and 3 years old-gu, Jung-gu, Jung-gu et al. was boarding in front of the 3rd seat of the 3rd-ro, Jung-gu and going into a destination, and that the moving route does not come up with the mind of the victim.

2. The Defendant damaged the said taxi in such a way as to cover repair costs equivalent to approximately KRW 638,966, including the stringing of the string of the taxi and the stringing of the string, and the destruction of the string of the strings, even though the police officers dispatched after receiving a report at the same time and at the same place as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes concerning the closure of a destroyed taxi;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act and choice of imprisonment with prison labor for each crime;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class I crime (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of Punishment) / [Article 1] Crimes of violence [Special Punishment, etc. of Specific Crimes]: Reduction elements of general violence [Special Punishment, etc.]: Reduction areas of punishment not [Recommendation Area and Recommendation range] mitigated areas, imprisonment with prison labor for one month to eight months;

(b) Class 2 crime (determination of types) destruction and damage [Class 1] destruction, damage, etc. of property [Special Aggravation] mitigation elements: The area of recommendation of non-compliance with punishment and recommendation.

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