beta
(영문) 부산지방법원 2015.06.04 2015고단1524

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2015, the Defendant demanded the victim to “satisfing, camping down,” to “satisfing,” on the back seat of the DJ-si in Busan, Busan, which was driven by the victim C (the 64 years of age) in the vicinity of the Busan, and that “on the back seat of the PJ-si, Busan, and later on the 50-day road, the victim was rejected, thereby getting the victim into the left arms, making the victim’s neck back into the left arms, and cutting down the string with the hands of the victim, etc.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] Crimes of Type 1 (Special Violence in February or October) (Special Mitigation) where the basic area (including special mitigation) of punishment, non-won (including serious efforts to recover damage), or where considerable damage has been restored / Where the driver of a motor vehicle in operation has committed a assault (type 1) several times with the same power (decision of sentence). On the other hand, in agreement with the victim and the fact that the crime has been committed against the victim, etc., the punishment shall be determined as per the order.