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(영문) 울산지방법원 2018.08.31 2018고합149

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

Punishment of the crime

피고인은 2018. 4. 17. 20:40 경 피해자 C( 남, 64세) 이 운행하는 D 택시를 탑승한 상태로 울산 남구 남산로 314번 길 18, 동신 타워 팰리스 앞 도로를 지나던 중 신호 대기를 이유로 잠시 정차 중인 틈을 이용하여 위 택시에서 하차하려 하였고, 이에 피해 자가 피고인을 만류하였다는 이유로 화가 나, 뒷 좌석에서 위 택시를 운행 중인 피해자의 몸통과 얼굴 부위를 발로 수회 걷어차고, 위 택시에서 하차한 후 주먹으로 피해자의 얼굴을 1회 때렸다.

As a result, the Defendant assaulted the driver of an automobile in operation of the victimized person, thereby causing damage to the victim's character that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on diagnosis of injury, investigation reporting;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] and the scope of the recommended punishment [the scope of the recommended punishment] set forth in Category IV (the person causing violence to a driver] and the minor injury (the person causing special sentencing] [the scope of the recommended punishment] mitigated area, October-2 (the scope of the corrected punishment] from January- June-2 (the scope of the corrected punishment] from June-2 (the lowest limit of the recommended punishment is lower than the statutory minimum limit of the applicable punishment, and therefore the minimum limit of the recommended punishment set by the law set the recommended minimum limit of the applicable punishment).

3. Determination of sentence was examined, and the crime of this case was committed by the defendant, without any particular reason, in the taxi in operation at night, and the life and body of other people.