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(영문) 부산지방법원 2016.05.26 2016고단1276

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

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

Reasons

Punishment of the crime

1. On February 17, 2016, at around 00:20 on February 17, 2016, the Defendant: (a) committed assault on the part of the victim, without any justifiable reason, by taking the victim’s getting on the victim’s fore-business taxi head, who was driving on an expressway in the second line city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the Nam-gu, Busan, the destination of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the

2. On February 17, 2016, at around 00:30, the Defendant: (a) prevented the Defendant from recording the instant taxi with a black box kept in the said taxi for the same reason as the foregoing paragraph 1 in front of the ICF vehicle located in the ICF located in Busan, Daegu, Busan, on the ground that it was destroyed to the extent of KRW 70,00 in repair cost by opening the black box by fishing the said black box.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report (to hear statements by victim D phone), damaged black stuff photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by drivers), Article 366 of the Criminal Act, and choice of imprisonment with prison labor as to the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that there are several records of punishment for the same crime committed against the defendant for the reason of sentencing under Article 62-2 of the Criminal Act: Provided, That there is no criminal record exceeding the fine, the fact that the victim D has agreed smoothly with the victim, the fact that the defendant's age, sex, environment, etc. are reflected, the punishment shall be determined as per the order;