(영문) 인천지방법원 2014.02.13 2013고단6510

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(영문) 인천지방법원 2014.02.13 2013고단6510

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 00:05 on August 20, 2013, the Defendant, along with the Vietnamese in his name, was boarding the E-si operated by the victim D (the age of 56) in front of the new training station located in Yeonsu-gu Incheon Yeonsu-gu, Incheon, and was sprinkling due to the problem of the victim and the taxi expense. The Defendant, who was seated in the early string, took a bath for the victim, sprinking the driver, sponsing the victim, and the Vietnamese in the name of the spice, was spiced from the back seat of the victim.

Accordingly, the defendant, in collusion with Vietnamese, assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. Part concerning D's statement among the police interrogation protocol of the defendant against the defendant

1. Statement made to D by the police;

1. Application of taxi booms images and voice-related Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 30 of the Criminal Act concerning the crime.

1. Article 62(1) of the Criminal Act provides that the charge of this case not guilty portion of the charge is not heavier than a fine, the degree of violence committed against a driver is not heavier than a fine, and the degree of the defendant's participation is relatively minor compared to his accomplice, etc.). However, in light of the witness D's statement to the effect that when the defendant committed the driver's assault as stated in its reasoning, the part of the charge that the defendant took the victim's right wning away from the victim's left hand one time into the defendant's left hand and shakes the driver. However, it is difficult to recognize his intention in light of the witness D's statement to the effect that the defendant intentionally takes the victim's right hand, and it is hard to recognize his intention in light of the witness D's statement to the effect that the defendant would have come into contact with him in the process of going into his left hand.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제30조

-형법 제62조 제1항

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