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(영문) 서울서부지방법원 2017.05.31 2016고합346
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendants shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

To the extent that it does not disadvantage the defendants' exercise of their right to defense, some of the facts charged were corrected or corrected according to facts obtained through the examination of evidence without the amendment process.

[criminal records] Defendant B was sentenced to a suspended sentence of two years and six months in Seoul Western District Court on October 21, 2015 due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Western District Court, and the judgment on October 29, 2015 became final and conclusive and conclusive on October 29, 2015.

[2] On September 11, 2016, the Defendants: (a) 00:20 on September 11, 2016, 2016, Defendant A, who was sitting on the back of the driver’s seat without any justifiable reason in the vicinity of the Seodaemun-gu Seoul, Seomun-gu, Seoul, while getting on a cab operated by the victim D in the vicinity of the Hong-gu, Mapo-gu, Seoul, Seoul, and was sitting on the back of the driver’s seat, was plucked by the victim’s right hand, and then pl up the victim’s right hand hand, and the Defendant B, who was sitting on the back of the steering seat, was combined with this.

As a result, the Defendants assaulted the victim, who is a taxi driver, in common, and suffered from the injury of the victim, such as the shacker dump, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Entry of the defendant A's partial statement in the first trial record;

1. Statement by the witness F in this Court;

1. Entry of the witness D in the second public trial protocol and part of the witness G in the witness G;

1. Some statements concerning the Defendants in the police interrogation protocol

1. Investigation report (Submission of a medical certificate of a victim), investigation report (related to video images submitted by the victim), investigation report (Attachment, such as medical expenses to be submitted to the victim and medical expense statement), response requesting cooperation in an investigation (Seoul Western -1506);

1. Written calls and CDs;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of the inquiry letter, such as criminal history, to the Acts and subordinate statutes;

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

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