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(영문) 부산지방법원 서부지원 2017.06.22 2017고합20

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than one year and 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

Criminal facts

On March 7, 2017, the Defendant was waiting for the head and face of the victim on the ground that the victim C(53) was not driving in the front of the three-way apartment complex in the lower end of the Busan YY at around 21:30, the Defendant was waiting for a destination. The Defendant was waiting for the head and face of the victim on his hand on the ground that the victim was not driving in the direction that the victim wants.

As a result, the defendant assaulted the victim who is operating a taxi and caused the injury to the inside and outside of the entrance that needs to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the Act and subordinate statutes to damaged video photo, taxi booms video CDs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for one year and a half years from June to two years (the type of determination) (the person causing violence to a driver): Reduction elements of the punishment (the scope of the recommended punishment) (the scope of the recommendation), reduction scope, reduction scope of the punishment, ten months to two years [the scope of the corrected recommended punishment]] from one year and six months from six months to two years from one year (the lowest limit of the sentencing range recommended by the sentencing criteria is lower than the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set at the statutory minimum limit of the applicable sentencing range).

3. The crime of this case resulting in the bodily injury of a driver of a motor vehicle in operation by assaulting the driver of the motor vehicle, and not by causing a traffic accident, thereby causing damage to the body of the general public, such as the driver, passengers, and pedestrians of other motor vehicles.