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(영문) 춘천지방법원 강릉지원 2014.11.13 2014고합78
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On March 13, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Violence, etc.) (hereinafter “Aggravated Punishment, etc.”), following the statement that “I have stopped the said taxi on the top of 104-dong, Namyang-dong, Namyang-dong, at the time of destination when the Defendant was driving at the back seat of the victim C (55 years of age) on the back seat of Dro-dong, which the victim C (5 years of age) driven, and tried to hear the statement that “I have turned off” from the victim after standing the said taxi on the top of 104-dong, Namyang-dong, Namyang-dong, at the time of destination. I think that the victim was trying to get much a large number of the taxi charges, and I think that the victim was trying around the victim’s right side part of the back part of the driver’s seat that he was seated at the driver’s seat.

피고인은 위와 같이 폭행을 당한 피해자가 경찰서에 신고하기 위하여 위 택시를 운전하여 삼척시 E에 있는 F주점 앞 도로상을 지나가던 중 피해자의 뒷목 부위를 발로 2회 걷어찼다.

Accordingly, the defendant assaulted the victim, who is the driver of the vehicle in operation.

2. The Defendant: (a) assaulted C at the time and place specified in paragraph (1) at the time and place specified in paragraph (1) to stop the said taxi on the road front of the given Fju, and (b) destroyed the said taxi to the extent that C gets off from the taxi and walking the stringr on both sides of the said taxi owned by the victim Yangyang Transportation; and (c) walking the string at the right side of the said taxi by walking the string part of the string and walking the string, thereby damaging the said taxi to the extent of repairing cost equivalent to KRW 385,471 in total.

Summary of Evidence

1. C’s legal statement;

1. A written diagnosis of injury;

1. A copy of a written estimate;

1. Judgment on the defendant's and defense counsel's assertion related to the case

1. The defendant and his defense counsel shall not assault the victim, nor damage the taxi in their holding.

2. In addition, the above facts of the crime are acknowledged based on each evidence presented prior to the judgment, and in light of the following circumstances, the above assertion by the defendant and his defense counsel cannot be accepted as being difficult to believe.

A defendant is under the influence of alcohol at an investigative agency.

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