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(영문) 부산지방법원 2013.09.12 2013고단3263

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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

On April 30, 2013, at around 22:20, the Defendant: (a) 22:20, when she was on board the taxi seat operated by the Victim C (53 years of age) in front of the taxi seat operated by the Busan B, the Defendant assaulted the victim’s face and part of the entrance, i.e., “the victim’s face and part of the front seat of the taxi seat,” under the influence of alcohol by asking for destination.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Application of the police protocol law to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime committed;

1. Article 62 (1) of the Criminal Act (the overall circumstances, such as the agreement with the victim, shall be considered);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;