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(영문) 서울북부지방법원 2014.12.04 2014고단3208
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 August 24, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed assault against the driver of a vehicle driving the victim’s side gate by walking the locker of the victim’s gate in the long-term distance located Dongdaemun-gu Seoul, Dongdaemun-gu, on the ground that the victim tried to open the gate under the influence of alcohol near the long-term driving distance of the victim (the age of 65) while driving the D taxi of the victim (the age of 65) from the long-term located in Dongdaemun-gu Seoul Metropolitan Government.

2. Around 07:15 on the same day, the Defendant: (a) the victim C, the taxi owner of the above paragraph (1), requested assistance from the police in the case described in the above paragraph (1) in front of the F District located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) the Defendant raised a complaint in favor of the police; and (c) the lower part of the lower part of the taxi in front of the said taxi, and caused the damage to the property.

3. At around 07:35 on the same day, the Defendant: (a) committed assault against the above G, who was subject to a disturbance, such as leaving the taxi out of the said F District Office, and who was subject to the control from G in the circumstances surrounding the said District Department, by stating that “I ams off the taxi; hereinafter “I ams off the taxi”; and (b) assaulted the public official performing the duties by taking one time the clothes of the said G on a drinking basis.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and C;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver, the choice of imprisonment), Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [Aggravated Punishment, etc. of Specific Crimes, the punishment of which is the most severe, as concurrent crimes together with the punishment prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes];

1. The defendant under Article 62(1) of the Criminal Act makes a confession of all of the crimes of this case.

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