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(영문) 서울서부지방법원 2020.08.12 2020고단1419
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) was committed on April 30, 2020 on the part of a passenger boarding a taxi operated by the victim B (the male and the age of 71), and on April 14:10, 202, the Defendant used the victim C in front of Seodaemun-gu Seoul, Seoul, with a large number of fightings, “ without any justifiable reason,” and used the victim’s arms to get off without paying a taxi fee after stopping at one time with his left hand.

2. The Defendant assaulted the victim at one time on the date and time set forth in paragraph 1, while leaving a taxi in the operation of the victim and talking with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. B written statements;

1. Investigation report (verification of black stay images);

1. Investigation report (victim B reinforcement investigation);

1. Application of Acts and subordinate statutes to a report on investigation (explosion of violence, confirmation of images, and agenda of violence);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act and selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant assaulted a driver in a taxi that is under exclusive operation and was subject to criminal punishment on several occasions.

Since 2007, the suspended sentence of imprisonment was sentenced in 2016.

In addition, the defendant committed intimidation and assault against a driver in operation, getting off the taxi, and assault again.

On July 29, 2019, immediately before the sentence was rendered, the Defendant submitted a written agreement with the victim, and the victim expressed his/her intention not to be punished.

Nevertheless, there is no choice of imprisonment.

except that the defendant is the age,

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