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(영문) 서울중앙지방법원 2017.12.22 2017고합1011
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 11, 2016, the Defendant stopped in front of the Gwanak-gu Seoul Special Metropolitan City R on the street while drinking at around 07:15, the victim S (at the time, 60 years of age) who stopped in front of the taxi under the influence of alcohol, and stopped on three to four occasions abstin of the said taxi on a drinking ground, putting the hand into the open window, and was snicked on a driving seat of the victim, and was snicked on three to four occasions abstin of the victim’s chest.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness S;

1. As to the assertion of the Defendant and his defense counsel, the Defendant and his defense counsel did not look at the victim’s chest by drinking bats, although the Defendant had performed fat at the time.

However, in full view of the fact that the injured party makes a statement as to the above facts of the crime, and that the defendant himself recognized the fact that the injured party was satisfing with bat at the time of the above statements, and that each of the above statements conforms to the circumstances at the time of the above statements (the 29th page of the evidence record), the above arguments are not accepted.

Application of Statutes

1. Grounds for sentencing prescribed in Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Optional to Imprisonment) on the relevant criminal facts and the judgment of sentence;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of punishment recommended according to the sentencing criteria [the types of violent crimes].

3. In the case of assaulting the driver of a motor vehicle in the form of Category 1 (Special Sentencing) (In the case of assaulting the driver of a motor vehicle in the course of committing a crime (aggravated factor), the basic area of punishment not to be mitigated (the scope of recommendations and recommendations) (the scope of recommendations and recommendations), two months to ten months of imprisonment.

3. The Defendant determined the sentence of sentence: (a) committed an assault against the victim in the driver’s seat, without any special reason, after setting the taxi in operation.

On the other hand, the defendant.

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