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(영문) 서울중앙지방법원 2014.09.19 2014고합916
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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 01:00 on May 10, 2014, the Defendant, 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) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Defendant: (a) boardedd the victim C (the age of 47) driving at the D taxi of the victim C (the age of 391) in Dobong-gu, Seoul Special Metropolitan City and brought the victim into a destination; (b) made the victim’s face, who is running in the country, one time as a drinking, and (c) made the victim, who takes hand, deviate from the road on his hand, going up

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation and suffered bodily injury such as cryp salt for about 21 days in need of treatment.

2. The Defendant damaged the said taxi by having the taxi in operation of the victim leave the road at the time and place set forth in paragraph 1, as seen above, so that the said taxi would be KRW 1,588,870 in total, including expenses for repair of automatic transmission machines, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the injury diagnosis certificate and detailed statement of repair expenses;

1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act concerning criminal facts and Article 5-10 (2) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, to the punishment provided for in the aforesaid two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act, and the defendant of this case.

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