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(영문) 서울북부지방법원 2018.06.08 2018고합114
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

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

Reasons

Criminal facts

1. Around 19:40 on February 17, 2018, the Defendant assaulted the victim C (59 years) who is a taxi engineer in front of the “Sero No. 4 in the Handong-dong in Seongbuk-gu Seoul Metropolitan Government” and temporarily stops on the taxi in front of the “Sero No. 4 in the Handong-gu, Seongbuk-gu, Seoul.” The Defendant assaulted the Defendant, such as asking the Defendant about the accurate destination, making the victim’s head and face twice, without any reason under the influence of alcohol, and assaulting the Defendant, such as continuing to drive the victim who fell down from the taxi, and spawn the ero of the victim, and making the victim spawn face.

As a result, the Defendant assaulted the victim, who is the driver of a vehicle in operation, and caused the victim's back to tear, and the victim's left hand to tear, so that the victim's treatment can be performed for about two weeks, such as the victim's tear, and the victim's left hand to tear, etc.

2. The Defendant damaged property by putting in hand one m, card m, card m, one m, and one m, which are installed in a taxi while assaulting the victim at the time and place set forth in paragraph 1, and damaged 264,000 won for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on photographic images of damaged photographics, injuries diagnostics, estimates, and black stuffs images to cover;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), and Article 366 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated Punishment of Concurrent Crimes (within the scope of adding up the long-term punishment of the above two crimes)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order;

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