특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 17, 2011, the Defendant: (a) around 03:57, the Defendant was on board the back seat of the victim C (the age of 48) in front of the bus terminal in Gyeyang-gu, Busan Metropolitan City; (b) on the ground that the victim would ask for the destination of the vehicle; (c) the victim’s face was taken once again; (d) the victim stopped the taxi; (e) the victim stopped the taxi; and (e) the victim was able to take the head of the victim; and (e) when 10 times the part of the victim’s return and the part of the neck from drinking to drinking, the Defendant caused the injury of the victim, such as the victim’s thro-cerebral brain, which requires treatment for less than 21 days.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs) and investigation reports (Attachment of a certificate of injury);
1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Sentencing [Determination of Types] < by Act No. 1064, Oct. 10 to two years in the area of mitigation of the driver's injury (a person who has a special appearance) caused by violence committed by violence; - the area of mitigation of punishment (decision on the recommended area];
2. Determination of sentence is against the defendant who made a confession of the crime of this case, the fact that the defendant made an original agreement with the victim, the fact that the defendant has no record of punishment in addition to the fine, etc. shall be considered as favorable circumstances, and other factors of sentencing specified in the arguments of this case, such as the defendant's age, occupation, family relationship, character and behavior, living environment, shall be comprehensively considered.