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(영문) 서울서부지방법원 2017.05.10 2016고단3025
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On March 25, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of obstructing the performance of special official duties by the Seoul Western District Court, and completed the execution of the sentence in Seoul Southern Prison on November 28, 2015.

On September 20, 2016, the Defendant: (a) 201:00 on September 20, 2016, the Defendant used the victim C (59 years of age) while drunkly drunk to D taxi located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; and (b) was in the vicinity of the massed bridge, the Defendant expressed the victim’s bath that “I am flick equally flick flick flick flick flick flick flick flick flick flick flick flick flick flick flh,” and assaulted the victim, “I am flick flick fl

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

around 16:30 on October 8, 2016, the Defendant: (a) took a bath to the victim G (39 years) who is an employee of Yeongdeungpo-gu Seoul, for the reason that he/she prevented the entry of the Defendant under the influence of alcohol; (b) took a bath, such as “grings, chewings,” and “grings,” and was assaulted by his/her hand at one time at the victim’s head part.

Summary of Evidence

[2016 Highest 3025]

1. Statement by the defendant in court;

1. Statement statement made by the police at the police station G [2016 senior group 3604 senior group];

1. Statement by the defendant in court;

1. Statement made by the police against C (before judgment);

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (personal confinement status);

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260(1) of the Criminal Act concerning criminal facts and Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver). Selection of each fine

1. Circumstances favorable to sentencing under Article 35 of the Criminal Act for aggravated repeated crimes: The degree of assault is not more severe, the victim C does not want the punishment of the defendant, and the defendant shows the attitude of recognizing and reflecting the mistake of the defendant;

o. Unfavorable circumstances: to commit a crime during the period of repeated crime, and to assault the driver of a vehicle in operation.

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