(영문) 서울북부지방법원 2017.11.15 2017고단4137

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자간(%)

(영문) 서울북부지방법원 2017.11.15 2017고단4137

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 11, 2017, at around 05:40, the Defendant assaulted the driver of a vehicle operating a vehicle with the inside of the victim who used the said taxi by pushing the driver of the vehicle one time after being pushed the driver of the vehicle with the inside of the victim who used the said taxi in a mountain that had been in his/her own harmony with the victim and went to his/her destination while getting in the household located in Dongdaemun-gu Seoul Metropolitan Government (64 tax) and going to his/her destination.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation (verification of an in-house black box);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and selection of imprisonment with prison labor for the crime under the relevant Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] and the aggravated area (4 months to 1 year) (the specially aggravated person] (the driver of a motor vehicle who assaultss the driver of a motor vehicle in the course of driving the motor vehicle) shall be limited to the aggravated area (one type);

2. In full view of the following circumstances: (a) the Defendant, including the sentence, can have the history of criminal punishment for violent crimes; (b) the Defendant’s age, sexual conduct, intelligence and environment; (c) motive, means and consequence of the crime; and (d) the sentencing conditions indicated in the record, such as the circumstances after the crime, etc., the sentence shall be determined as ordered.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

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