(영문) 의정부지방법원 2015.01.16 2014고단3360

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(영문) 의정부지방법원 2015.01.16 2014고단3360

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for four 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

Around 03:20 on July 20, 2014, the Defendant was boarding a D taxi that is driven by the victim C (the 54-year-old) in the street near the home fluor, which he was driven by the Government of the Republic of Korea, and went to the bus terminal, and the Defendant expressed the victim’s bath on the ground that the victim is driving in a direction different from the Defendant’s destination, and she saw the victim’s face at several times, and walk the back part of the driver’s seat that the victim sits, and the victim gets off from the said taxi to the driver’s seat of the said taxi through open windows.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Photographs;

1. Application of Acts and subordinate statutes to an investigation report (to hear and report a victim C telephone statement);

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. Reasons for the sentencing of Article 62 (1) of the Criminal Act [Determination of Punishment] and the reason for the sentencing of Article 62 (1) of the Act on the Suspension of Execution (General Violence): In the event that the degree of assault is minor, in the event that the degree of assault is minor, in the event that the driver of a motor vehicle in operation is assaulted [decision of the recommended area] the mitigation area [the scope of the recommendation area] from January to August [the scope of punishment] from the mitigation area [the scope of punishment] from January to August [the suspension of sentence] from January to five years [the decision of the punishment]], and the suspension of execution of violence, the extent of assault is disadvantageous, the victim's face or head, the degree of assault is limited to the victim's face and head, the confession of the crime and it is against the victim, etc.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

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