logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.05.28 2015고단166
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 9, 2014, at around 03:45, the Defendant was boarding D-si operated by C(55 years of age) on the street in front of the hospital affiliated to the N-O.D. Gangwon National University.

Afterward, the Defendant expressed the victim’s desire without any reason at any time at the time when the said taxi was running in front of the Jeju 2 apartment complex located in Chuncheon-si, Chuncheon-si, and left the victim’s face by drinking three times after drinking the victim’s back water.

Therefore, when the victim stops the taxi, the defendant left the taxi and gets off the taxi to the next side of the driver's seat, making the victim's face at one time.

The Defendant assaulted the victim, who is the driver of the vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

1. Application of the police protocol law to C

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 (The following favorable circumstances in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The reason for sentencing under Article 62-2 of the same Act / Where the driver of a motor vehicle in operation (type 1) is assaulted (type 1) in the aggravated area (type 4-1 year) (specific person) (type / The decision of sentence / the defendant has committed an assault against the victim without any reason, and the defendant has a previous conviction of fine due to eight times violence.

The fact that there is no criminal record or more than a suspended sentence due to violence against the defendant, the confession and reflects all the crimes, and that the defendant deposited 50,000 won for the victim is favorable.

In full view of these, the sentence shall be determined as ordered.

arrow