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(영문) 서울동부지방법원 2014.04.10 2014고단386
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 February 23:20 on February 11, 2013, the Defendant was boarding the victim B (the 58-year old-old taxi) in the vicinity of the wind delivery box located in Songpa-gu Seoul Metropolitan Government, and went to the tiny course. On the same day, around 23:27 on the same day, the Defendant got to the Songpa-gu Cheongcheon-dong located in the same new-dong, and the victim became a place where the tiny water was a destination. On the other hand, on the ground that, around 23:27 on the same day, the Defendant toldd the victim two times the victim’s right side to the right side of the victim by drinking while putting the victim at a bath;

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. 양형기준상 권고형의 범위 : 징역 4월 ∽ 1년 [폭력범죄군, 폭행범죄, 제1유형(일반폭행), 가중영역(운행 중인 자동차의 운전자를 폭행한 경우)]

3. Although the defendant has been sentenced seven times or more including imprisonment with prison labor for a crime related to violence, the degree of the assault in this case has not been limited, contingent crimes, and the defendant shows an attitude to reflect his mistake in depth, and other circumstances revealed in the arguments in this case including the circumstances of the crime in this case, the circumstances after the crime in this case, the age, character and conduct of the defendant, environment, etc. shall be determined as the same sentence as the order against the defendant.

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