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(영문) 서울서부지방법원 2016.06.22 2016고합116
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 11, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) committed an act of assaulting the victim’s face at a speed of 2 weeks, causing the victim to rapidly stop the vehicle while taking the victim’s bath while driving the said taxi on the ground that the victim was asked for the victim’s desire to stop tobacco from the monthly railroad of Seongbuk-gu, while getting in a private taxi with 168 internal circulation road of Seodaemun-gu Seoul Metropolitan Government, and getting in a private taxi operated by the victim D (67 years of age).

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

2. The Defendant damaged property by adding to his hand one studler and one studler with which the market price of the victim-owned taxi installed in the same taxi at the time and place mentioned in the above paragraph 1, and one studio for the payment card settlement of charges.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to victims and grandchildren, and written diagnosis of injuries;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), and Article 366 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Drivers) to the extent that the punishment is more severe and the punishment is aggregated with the long-term punishment of the above two crimes

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Protection observation, community service order, and ..

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