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(영문) 서울중앙지방법원 2015.12.02 2015고단5906
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

On August 18, 2015, the Defendant: (a) around 06:10 on August 18, 2015, 06: (b) on the back seat of a D-business taxi operated by the victim C (year 62) on the roads in front of the Seongbuk-gu Seoul Metropolitan Government, and (c) on the back seat of the D-business taxi, Jongno-gu Seoul Jongno-ro 3 went through the front road of the bus stop, and (d) on once the back head of the

The defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes concerning report on internal investigation (related to black boxes and video images);

1. Provisions applicable to criminal facts, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Selection of Imprisonment with prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions specified in the instant trial process, such as the Defendant’s age, character and conduct, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered.

D. Unfavorable circumstances: The defendant has a criminal record of multiple times of violence fines, and even though he/she has served two times of the same kind of crime, he/she is not guilty of taking the driver's license without any particular reason.

A favorable circumstances: The defendant is able to repent and reflect his mistake in depth.

The degree of violence is not serious.

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