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(영문) 서울남부지방법원 2015.05.29 2014고단2984
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 15, 2014, the Defendant, while under the influence of alcohol, at around 01:37, as the “E” stated in the written indictment for driving C(39 years of age) of the victim C is a clerical error, it is corrected ex officio.

After boarding a taxi in Yangcheon-gu Seoul Metropolitan Government, there was assaulting the victim by her hand at a total of five times, on the following occasions by stating that “I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see

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

Summary of Evidence

1. Statement made by C by a witness in the sixth trial records;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

1. Where he/she assaults a driver of a motor vehicle in operation (type 1) in the aggravated area (4-4-1 year to year) of the first category of the crime (general assault) in which he/she is sentenced to the punishment [the scope of recommendation] under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the reason for sentencing choice of imprisonment [the scope of recommendation] [the decision of sentence] [the decision of sentence] of a motor vehicle in operation is a crime that

In addition, the defendant has been sentenced to suspended sentence of imprisonment for a crime related to violence, and in addition, the defendant has been sentenced to several fines or exempted from punishment by agreement with the victim.

Nevertheless, the crime of this case has been committed without any reflection.

On the other hand, the defendant reversed his statement from the investigative agency to the court by the situation, and only reversed his statement, and did not repent all of the crimes.

In consideration of these circumstances, the sentencing guidelines shall be determined as per the order within the scope of the recommended sentencing criteria.

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