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(영문) 서울중앙지방법원 2013.05.22 2013고단988
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

피고인은 2012. 1. 10. 19:25경 서울 강남구 C 앞길에서 피해자 D(51세)가 운전 중인 E 택시 뒷좌석에 승차하여 강남구 논현동 리츠칼튼호텔로 가던 중, 피해자가 자신이 알고 있는 방향으로 가지 않는다는 이유로 시비가 되자 운전 중인 피해자의 얼굴을 주먹으로 1회 때리고 발로 뒷통수를 1회 찼다.

Accordingly, the Defendant stopped the taxi and 112 reported on the road, thereby breaking the victim's her her m or her m or her m or her m or her m or her m or her mal.

As a result, the Defendant assaulted the driver of a vehicle in operation, and, as seen above, tried to do so to the victim who fell from a taxi for about two weeks in need of medical treatment, stoves, stoves, salt, tensions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A criminal investigation report and medical records;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

1. Article applicable to criminal facts;

(a) The point of holding a judgment: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) The point of injury in judgment: Article 257(1) of the Criminal Act;

1. Selection of an alternative sentence of imprisonment (in light of the motive and circumstances of the crime, consideration shall be given to the extent that the crime is not good);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act: From 4 months to 1 year and 6 months of imprisonment with prison labor on the sentencing guidelines for the crimes of bodily injury (basic crimes) from 1 month to 10 years and 6 months from 1 month from 1 month from 1 month from 1 month from 1 month from 1 month from 6 months from 3 months from 1 month from 1 month from 2 months from 1 month from 1 month from 3 months from 3 months from 4 months from 1: from 4 months from 4 months from 3 months from 1: from 1 year from 4 months from 3 months from 1: from 1 year from 4 months from 4 months from 1 to 3 months from 201;

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