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부산지방법원 2017.01.18 2016고단7483

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 23:10 on November 14, 2016, the Defendant tried to take aboard the back seat of the C-si located in the lower seat of the C-si located in the B-dong, Y-dong, Busan, and to load without paying a charge. As such, the Defendant again tried to take the victim’s bath after the lapse of the off-line square from the time he was going to the south-dong post office, the Defendant continued to go to go to the front seat of the Y-dong, Busan, and went to the front seat of the said taxi and continued to go to the front seat of the Y-dong, Y-dong, Busan, and Y-dong, the head of the victim was taken twice in drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Images Images and Video Data);

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

1. The instant crime on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an act of assaulting a victim who has driven a taxi without being aware of the fact that the Defendant was punished by a fine on October 4, 2016, even though he/she was sentenced to a same kind of crime, and at the same time, he/she is not subject to the nature and circumstances of such crime.

However, the sentence like the order shall be determined by taking into account the following factors: the defendant is against himself, there is no previous conviction or more than the suspension of execution, contingent crimes, family environment where the mother suffering from dementia supports the mother, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, motive and circumstance of the crime, and circumstances before and after the crime.