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(영문) 의정부지방법원 고양지원 2016.07.15 2016고합68

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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 19, 2016, the Defendant was in possession of the victim D(58 tax) who was driving a road in front of the Seosan Seo-gu, Busan Metropolitan City on the side of the Yaeung-gu in the laverbab in the laverbath of the laverba, the Defendant was in possession of it without any particular reason in the E-si under which he was driving.

The victim, who tried to see the part of the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements prepared in D;

1. Each investigation report (the report accompanied by the victim's booms image materials and blick photographs);

1. Application of field and damaged photographs, diagnostic records, and black stuffs video-related statutes;

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 among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. Reduction elements of the recommended punishment according to the sentencing criteria: The scope of the recommended punishment [the type of determination] [the scope of the recommended punishment refers to the lowest limit of the applicable sentencing under the law, since the scope of the sentence recommended in the sentencing criteria differs from the lowest limit of the applicable sentencing standards under the law, it shall be set at the lowest limit of the applicable sentencing standards under the law).

3. Criteria for the suspension of execution (main reasons): The driver of a motor vehicle in operation who is not subject to punishment (general reasons):