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(영문) 제주지방법원 2013.05.02 2013고합31
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On November 27, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, etc.), around 01:25, on the front day of the Jeju City Cmatet, demanded that the Defendant be on board the head of E-business taxi operated by the victim D (the age of 46) and go to the Arabbs. The Defendant, around 01:30 on the same day, was under the influence of alcohol when the instant taxi was set off “Fmat in Jeju City,” and she was under the influence of alcohol, while she gets off the card device that is attached on the flabs, while she gets off the card device in his/her hand, she gets off the card device that is being installed on the flabs, and then gets off the victim’s face part on the flab, one time after taking the victim’s face part on the card.

2. The Defendant destroyed and damaged property at the above time and place, for the foregoing reasons, such as destroying the liquid septic plane of the operation attached to the above taxi by means of the said card terminal, such as breaking it by hand, so as to damage the card terminal and the operation, etc. equivalent to KRW 915,00 in repairing cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Drivers, Violence, etc.) within the scope of adding up

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment for a period of one year and six months from June to six years;

2. The application of the sentencing criteria.

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