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(영문) 서울남부지방법원 2015.05.22 2012고단4841
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 23, 2012, at around 01:25, the Defendant got a DNA taxi driven by the victim C (year 56) in front of the Hanma apartment apartment opened at Guro-gu Seoul Metropolitan Government, and around that time, the Defendant was able to take the face face of the Defendant, on the ground that the victim was not exposed to the Defendant within the front of the Gu office distance in front of the Gu office street.

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

Summary of Evidence

1. Statement corresponding thereto of C by a witness in the fifth trial records;

1. Application of Acts and subordinate statutes concerning photographs, written confirmations, and medical records of the victim's body;

1. The grounds for sentencing [the scope of recommending punishment] of Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes relating to Criminal Facts and Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes [the scope of recommending punishment] where the driver of a motor vehicle in operation (the person in special custody] assaultss the driver of a motor vehicle in the aggravated area (4-1 year) [the decision of sentencing] [the decision of sentencing] of the following conditions and the defendant's age, character and behavior, environment, circumstances after the crime committed, etc., and all the sentencing factors indicated in the records and arguments of this case,

The favorable circumstances: The defendant had no record of having been sentenced to a fine more than twice for the same crime; the defendant has a record of being sentenced to a fine more than twice for the same crime; and the defendant has not been present in the trial continuously after the examination of the witness for the victim has been completed; the extent of the assault has been serious; and the risk of the accident has been high.

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