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(영문) 서울서부지방법원 2014.08.13 2014고단558
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 19, 2009, the Defendant sentenced the Seoul Central District Court to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on October 22, 201.

피고인은 2013. 12. 31. 08:35 무렵 서울 서대문구 응암로 11 앞 도로를 주행 중이던 피해자 C(49세)이 운전하는 D 택시 안에서 피해자와 요금문제로 시비를 벌이다가 화가 나 손바닥과 주먹으로 그의 얼굴을 수회 때리고 발로 그의 옆구리를 2회 걷어찼다.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Vehicles and photographs of damaged parts;

1. Investigation report (related to black boxes and video materials);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of facts during the period of repeated offense of a suspect);

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

1. The reasons for sentencing Article 35 of the Criminal Act among repeated offenders are as follows: (a) overall conditions of sentencing specified in the arguments in the instant case, such as the Defendant’s age, character and conduct, and environment; and (b) guidelines for sentencing specified in the sentencing guidelines; and (c) the same sentence as the order

The Defendant made a confession of all the crimes of this case and is in profoundly against the Defendant.

B. The Defendant had the record of having been punished nine times, including the previous conviction in the judgment, and the crime of this case committed during the period of repeated crime after the execution of the above imprisonment was completed.

C. The Defendant only agreed with the victim, and the victim does not want to punish the Defendant.

The sentencing guidelines set forth in the sentencing guidelines [Scope of Recommendation] When the basic area (2 to 10 months), the basic area (2 to 10 months), the punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered / Where the driver of a motor vehicle in operation commits a assault (1 type).

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