(영문) 서울북부지방법원 2017.03.10 2016고단5285

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Reasons

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자간(%)

(영문) 서울북부지방법원 2017.03.10 2016고단5285

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 22, 2016, the Defendant: (a) around 21:46, on the front side of Seongbuk-gu Seoul Metropolitan Government (65 years old) the victim C (65 years old) was seated and moved to the head of an individual taxi operation in front of Seongbuk-gu Seoul Metropolitan Government, and (b) the Defendant “I see why I see it promptly.

The term "hin and the victim's timber in the right-hand by hand was about 1 minutes.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement protocol law to C

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

1. As to the Defendant’s assertion under Article 62(1) of the suspended sentence under the Criminal Act, the Defendant asserted that he was in a state of mental or physical weakness or mental loss under the influence of alcohol at the time of committing the instant crime. Thus, according to the records, the Defendant is deemed to have drinking alcohol at the time of committing the instant crime, but in full view of the circumstances such as the background and result of the instant crime, the Defendant’s behavior before and after committing the instant crime, etc., it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions, and thus, the above assertion is

Considering the following circumstances: (a) in light of the fact that he/she assaults a taxi driver who is in operation with the reason for sentencing, the nature of the crime is inferior; and (b) the fact that he/she commits the instant crime without being aware of a number of violent crimes committed by the Defendant; and (c) the Defendant reflects his/her mistake; and (d) other circumstances, such as the age, sex, and family relationship of the Defendant

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

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