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(영문) 창원지방법원 2016.06.23 2016고합92

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

Reasons

Punishment of the crime

On September 30, 2015, the Defendant: (a) 22:00 on September 30, 2015, the Defendant: (b) assaulted the victim, who was a driver of a motor vehicle driving on the hand, on two occasions by using a cell phone with a cell phone that was in the line of the Victim C (57 tax) with the window of the window of the Changwon Home St. C (57) in front of the Changwon Home St. (515) without any justifiable reason; (c) assaulted the victim, who was a driver of a motor vehicle driving on two occasions; and (d) suffered injury, such as damage to the character of the right pipe play, which 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 Acts and subordinate statutes of a medical certificate;

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. 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 of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] the scope of the sentence [the scope of the recommended sentence] set forth in the sentencing criteria, and the mitigated area (10 months to two years) [the person who has been specially mitigated] [the scope of the revised punishment] that is not subject to the punishment, one year and six months to two years (the application of the lower limit of the punishment by law).

3. The crime of this case by which the sentence of sentence is to be pronounced is a crime of assaulting a victim who operates a taxi and causing injury to the victim, and since the assault against a driver in operation is a highly dangerous crime that causes a traffic accident and causes damage to many and unspecified persons, the nature of the crime is not good.

However, the defendants recognize all crimes.

The defendant has no criminal record exceeding a suspended sentence.

A injured person does not want to be punished against the defendant.

The degree of injury suffered by the victim is not obvious.

Such circumstances shall be considered in light of the circumstances favorable to the defendant.

In addition, the age, sex, environment, and age of the defendant;