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(영문) 서울동부지방법원 2016.09.01 2016고단1923
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 14, 2016, at around 22:49, the Defendant: (a) boarded the back seat of the victim C(50 years of age) driving in Gangdong-gu Seoul Metropolitan Government on the back seat of the taxi; and (b) on around 23:19 of the same day, the Defendant: (a) committed assault against the driver of a motor vehicle in operation by breaking the victim’s head debt with the victim’s hand while driving in Seongdong-gu Seoul Metropolitan Government on the 23:19 day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on investigation reports (verification of black stay images and accompanying video images);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Suspension of execution shall be decided as per the Disposition above Article 62 (1) of the Criminal Act (agreement with the injured party);

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