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(영문) 인천지방법원 부천지원 2018.11.23 2018고단2561
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

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

Reasons

Punishment of the crime

On September 3, 2018, at the taxi stops located in 188, 23:45, Seo-gu, Incheon, Seo-gu, Incheon, the Defendant: (a) taken aboard the back seat of C-si and went into the room of Kimpo University, Kimpo University, a destination; (b) taken five times as drinking the shoulder part of the victim who was driving while the victim was under driving, on the ground that the victim does not have as soon as possible; (c) cut the neck into the upper arms; (d) cut the back the back of the victim with the back, cut the back of the back of the back part; and (e) sustained the victim’s back the back back of the back back of the back back, the Defendant sustained approximately two weeks of backing the back of the back part of the victim; and (e) inflicted an injury on the victim’s salt and tension.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B written statements;

1. A medical certificate or an injury medical certificate;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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

1. An act of violence against a driver of a motor vehicle running for the reason of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds of sentencing) is not only an act of infringing on the driver’s body, but also an act of threatening the safety of pedestrians, other vehicles, etc., and such an act may lead to a large-scale accident of human life damage.

However, the defendant recognized the crime of this case and is against depth, and there is no past record of criminal punishment in the previous case, the victim has agreed to pay 5 million won to the victim, and the motive and circumstances of the crime of this case, the degree of injury to the victim, circumstances after the crime, and other conditions of sentencing as shown in the public trial are comprehensively considered, such as the defendant's age, sexual behavior, family relationship, and economic situation.

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