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(영문) 서울동부지방법원 2015.10.22 2015고단1212
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015 Godan1212] On May 9, 2015, the Defendant: (a) around 21:30 on May 21, 2015, the Defendant was on the top of the steering line of the D-business taxi driven by the victim C (year 47) in the vicinity of Seongdong-gu Seoul Metropolitan Government, and was on the top of the pilotage distance; (b) around 21:40 on the same day, the Defendant said that, on the ground that the victim was on the top of the P-si in Seongdong-gu, Seongdong-gu, Seoul, and was on the top of the P-dong Police Station in the direction of the P-dong Police Station without making the left turn in the direction of both branch offices, the Defendant stated that the victim “I would not sing down and turn the right-hand turn.” On the ground that the victim was on the top of the victim who was on the taxi and was on the top of the P-dong Police Station, and

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

[2015 Highest 1589] On December 15, 2013, the Defendant destroyed the said cab on the ground that she did not get a taxi on the front of the “F Korean-style Council member located in Seongdong-gu Seoul, Seongdong-gu, Seoul” on the front of the “F Korean-style Council member” on the road. The Defendant destroyed the said cab at which it is impossible to know the repair cost by putting the first franchis of H business-use taxi driven by G (the age of 61).

Summary of Evidence

[2015 Highest 1212]

1. Defendant's legal statement;

1. Statement to C by the police;

1. A victim's photograph (2015 Highest 1589);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act and choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”)

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act and Article 59 of the Act on Probation, Etc.;

1. Scope of recommendations according to the sentencing criteria;

A. Type 1 (General Violence) is the basic area (two months to ten months).

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