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(영문) 부산지방법원 2013.11.29 2013고합656

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2013, around 18:30 on July 25, 2013, the Defendant was boarding the 5th apartment in front of the 5th apartment located in Busan Shipping Daegu return2 Dong.

The defendant was on a tin bridge located in the new gas sprink in the Geum-gu, Busan Metropolitan City, and the victim was fluored with the back head of the victim who was on the side of the vehicle. The victim was fluor who was on the side of the victim. The victim was fluored with the defendant's arms intending to open and get off the bluor, and the victim was fluord with the victim's face twice by the victim's kluor's hand, and the victim was fluord with the victim's head, and the victim was fluord with the other hand at the right side of the victim, and the victim was fluord with the victim's fluor's fluor's fluor's fluor's fluor'

Accordingly, the defendant abused the driver of a vehicle in operation and inflicted an injury on him.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police statement concerning C;

1. A general medical certificate;

1. Application of the photographic Acts and subordinate 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment] 1 year and 6 months to 15 years [the decision of sentence ] domestic crime, assault crime, type 4 [the scope of recommendation ] minor bodily injury (the scope of punishment ] / [the scope of recommendation ] 10 months to 2 years (the scope of revised recommendation / the scope of revised recommendation ] 1 year and 6 months to 2 years (the period of revision / the scope of punishment ] 1 year and 1 year to 6 months (the period of suspended punishment ] - Major reasons for suspension : Minor bodily injury (esteem) - General reasons for writing : contingent crimes (esteem) and automobiles being operated.