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(영문) 울산지방법원 2019.02.21 2018고단3521
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On October 8, 2018, the Defendant: (a) around C Elementary School located in Yangsan City B; (b) around C Elementary School located in Yangsan City B; (c) the victim D (58 years of age) prevented the Defendant who was able to smoke in the taxi in the victim’s taxi; (d) obstructed the victim’s bomb by drinking boms; and (e) assaulted the part of the victim’s brea by hand by booming the part of the victim’s hand.

2. On October 9, 2018, the Defendant of the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) on and around October 9, 2018, the Defendant was on board the back seat of G-si operated by the victim F (the age of 42) prior to the Yangsan-si and brought the victim a bath to the victim who asked for a destination without setting a destination.

이에 피해자가 위 택시를 운전하여 인근 지구대로 출발하자 “개새끼야. 개좆만한 새끼. 아이구 씨발놈아”라고 하며 오른발로 피해자의 오른쪽 어깨 부분을 4회 찼다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of F’s written Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of imprisonment with prison labor for each crime;

1. From among concurrent crimes, if the extent of violence is minor among the crimes under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, Article 1 of the Reasons for the Sentencing [the scope of recommending punishment] of Part I (General Violence) and the mitigation area (one to eight months) of the mitigation area (the scope of recommending punishment] of the crimes under Part II [the scope of recommending punishment] of the mitigation area (one to one month) of Part I (General Violence) and the mitigation area (one to eight months) of the mitigation area (one to eight months) of the mitigated area of the crimes under Part I (the special mitigation area): The final mitigation scope of punishment due to the aggravation of the aggravated punishment by a majority of the crimes who are not punished: one month to one year [the decision of sentencing] of the crimes under the same and the suspension period of the execution, and the

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