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(영문) 서울북부지방법원 2016.06.16 2016고단814
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around August 22, 2015, on August 22, 2015, 22:2:25, 2015, on board the victim C (54 years old) on the top of the D taxi that was operated by the victim C (54 years old) in the vicinity of the Dongdaemun-gu Seoul Dongdaemun-gu Ma, Dongdaemun-gu, Seoul, and was driving ahead of the “F” in Gangnam-gu, Seoul, the Defendant did not pay the taxi fee.

“On the ground that the Defendant’s physical drinking reads that the Victim did not “the Victim”, “the Victim was floated with her hand, her head took two sides of the victim’s face, and assaulted the driver of a motor vehicle driving on the part of the victim’s left face by drinking the victim’s 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Blue boxes and video CDs;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Aggravation factors of assault and assault (type 1) (person in charge of special sentencing): In cases of assaulting the driver of a motor vehicle in operation (the territory of recommendation and the scope of punishment), the area of aggravation of punishment according to the sentencing guidelines, April - one year.

3. There is no reason for the suspension of execution [main reason for the suspension of execution] (general reason): Where the driver of a motor vehicle in operation is a victim, there is no effort to recover damage, positive: contingent crime, serious reflectivity.

4. An act of assaulting a driver who is operating a motor vehicle subject to the determination of the sentence is a dangerous act that may cause a serious damage by causing a traffic accident, and that the nature of the crime is not somewhat weak, that the defendant has been punished twice as a violent crime, and that the defendant has not endeavored to recover damage is disadvantageous to the defendant.

(b).

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