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(영문) 서울남부지방법원 2014.07.10 2014고합191
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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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 February 19, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was boarding at the top of the Young-dong branch located in the Young-dong branch in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the victim C (Nam and 70 years of age) operated by the Defendant.

On February 19, 2014, at least 06:20 on February 19, 2014, the Defendant: (a) stated the victim’s desire to read “the victim’s left face of the victim’s drinking 24 days, in the state that the victim skes the Defendant, shoulders the destination, and lacks the ability to discern things or make decisions under the influence of alcohol; and (b) stated the victim’s desire to read “the victim’s right face of the victim’s drinking 2 times; and (c) took care of the victim’s 24-day medical treatment.”

Accordingly, the defendant injured the victim, who is a taxi driver in operation.

2. On February 19, 2014, when the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions, around 06:30 on February 19, 2014, the Defendant: (a) went away from the said taxi in order to set up the taxi; and (b) the victim, due to the appearance of the Defendant who gets the Defendant, walked the victim’s left side side of the taxi at one time to walk up the 28th left side of the victim, thereby taking approximately KRW 28 days back the cage 9 set forth in the left side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

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

1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) 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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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 punishment of the crimes above two crimes)

1. Article 62 of the Criminal Act:

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