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(영문) 광주지방법원 2017.06.16 2017고단1932
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 30, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.), around 03:00, the Defendant: (a) boarded a victim D (44 years of age) taxi in front of the C cafeteria located in Seo-gu, Seo-gu, Gwangju; (b) demanded the stopping of the vehicle for the distance in front of the new world department store located in Seo-gu, Seo-gu, Gwangju; and (c) the victimized person stopped the vehicle.

Accordingly, the Defendant made the victim’s face 5 to 6 times due to the defect of “Irrrish,” referring to “Irrrrrrish,” and the victim’s face was 5 to 6 times.

As a result, the Defendant temporarily stops for passengers' getting on or getting off according to Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes amended on June 22, 2015 during operation.

The driver of the personal motor vehicle abused the driver.

2. The Defendant damaged property at the above time and place, as seen above, by leaving the victim’s safety and warning amounting to KRW 160,000 at the market price when the victim was used.

Summary of Evidence

1. Statement by the defendant in court;

1. The part concerning the statement of D in the protocol of interrogation of the suspect against the defendant or D (second time, second time, and second time)

1. Written estimate for warning; and

1. On-site photographs and damaged photographs;

1. Application of investigative reports (to hear statements from police officers G), investigation reports (to hear statements from police officers G), and statutes governing investigation reports (to hear statements from victims D);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by drivers), Article 366 of the Criminal Act, and choice of imprisonment with prison labor as to the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law;

(a) A crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc. against drivers): A crime under paragraph (1) (Scope of recommendations).

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