logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.01.13 2016고단3884
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 16, 2016, around 16:40 on October 16, 2016, the Defendant was on board the top of the steering room of the Danata taxi operating this 70 years of age in front of the Songpa-gu Seoul Songpadong branch, and was living in front of the apartment of the Sungdong apartment in Gangdong-gu Seoul Metropolitan Government, on the ground that the victim, who is the customer, was frightd to the defendant, while driving in front of the apartment of the Danatadong in Gangdong-gu, Gangdong-gu, Seoul. On two occasions, the Defendant left the right side of the victim to stop the si on the right side of the road in order to let the defendant who was making the victim

Accordingly, the Defendant assaulted the victim under driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of investigation reports (verification of these images), video CD-related Acts and subordinate statutes;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the case where he assaults a driver of a motor vehicle running in the increased area (4 months to 1 year) (a person with a special aggravated punishment] (a person with a special aggravated punishment).

2. Determination of sentence: Imprisonment with prison labor for six months, the period of suspension of execution for one year: The defendant's assaults the victim who is operating a taxi at the end of the minor time of death, in light of the risk thereof, if the defendant committed an assault against the victim at the end of the minor time of death, the nature of the crime is pleasureing. Nevertheless, the circumstances that are favorable for the defendant to have no agreement with the victim: The defendant led to the confession of and reflect against the crime. The defendant committed an assault against the victim to make the cab at the end of 2002, and the risk is not practically significant. The defendant did not have the same criminal record since 2002, and there is no punishment record after 204, and all other circumstances, including the defendant's age, occupation, sex, sex and environment

arrow