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(영문) 서울북부지방법원 2017.08.31 2017고단2807
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The punishment of defendants shall be six months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) was driven by C (56) at the 90-lane 28,000,000 from the Yongsan-gu, Seoul Central University, and then was driven by C (56) at the rear seat of the D taxi located in the 54-ro of the Seoul Central Library-gu, Jung-gu, Seoul. On the same day, around 00:10, the Defendant was under the influence of alcohol and without any justifiable reason, for the first long time of the new apartment that is located in the west-gu, Seoul Central Government.

C's desire to turn to the left', and the back head and shoulder of C, which was in the middle of the left, was 5 to 6 times as drinking.

The Defendant assaulted the Victim C, a driver of the same vehicle in operation.

2. On the same day, the Defendant: (a) was boarding a taxi in the same taxi at around 00:20 on the same day and arrived at the front of the country of destination, and (b) was requested by C to request that “the taxi will not receive a taxi fare from the texy si”; (c) the Defendant was requested by C to “the flax fy fy fy fy fy fy fy fy y

The term "domination", etc. and the taxi did not get off for about 10 minutes.

The Defendant interfered with the victim C's taxi business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 314 (1) of the Criminal Act concerning the criminal facts;

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

1. Determination of a suspended sentence under Article 62 (1) of the Criminal Act;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for a minimum of six months;

2. Decision of punishment: to recognize errors;

There is a career of fine in one suspended sentence and several times.

In the influence of alcohol, the crime was committed.

The act of putting a taxi driver at the time of taxi driver is highly dangerous.

The victim shall not want to be punished by agreement.

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