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(영문) 의정부지방법원 2014.05.21 2014고단859
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 February 22, 2014, the Defendant: (a) 18:00, the Defendant boardedd the victim C (age 82) at the Squadong, Seoul, Gwangjin-gu Seoul, Seoul terminal; (b) and (c) used the driver of a motor vehicle at the price of the victim’s car driving on his hand on the ground that the cab was repeatedly buried at the Yanyang-dong, Gwangjin-gu, Seoul, for the reason that the son was repeatedly buried at the destination of the son; and (d) assaulted the driver of the motor vehicle at the price of the son’s car driving on the son’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of victims;

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

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

1. Scope of sentencing under Article 62-2 of the Criminal Act: The final sentence scope recommended by sentencing guidelines from January to May 5 of the Criminal Act : The crime committed by violence / [type of crime] The general assault : There is no element to mitigate the crime committed by a driver: [the scope of recommending punishment] there is no element to mitigate the crime committed by a driver: there is no general aggravated element in sentencing guidelines in the area of aggravation (from April to 1 of the imprisonment): there is a need to strictly punish and eradicate the crime that is highly likely to cause a traffic accident if a taxi driver who is under a decision that has no sentence: there is a high risk of causing a traffic accident; there is a need to strictly punish the same crime; taking into account the fact that there is no agreement with the victim, it is necessary to punish the defendant corresponding to the nature of the crime; or it is contrary to the confession of the crime; the circumstance of the crime; and the age of the defendant.

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