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(영문) 창원지방법원 2016.07.07 2016고합66

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for two years.

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 January 21, 2016, the Defendant expressed that the victim, who is a taxi driver in operation on the ground that he is bad influence when working in the past taxi company, is influent, that he was driven by the victim C (46 tax) on or around 23:10, 2016, when he was driven by the victim C (46 tax). The Defendant expressed that the victim, who is a taxi driver in operation on the ground that he was bad influence in the past, would be influent, and expressed that the victim’s face would be "hicking, camping, and fluent," and that the victim was fluentd by assaulting the victim’s flabing the victim’s flash, thereby causing the victim’s eyeing and gluenting around 10 days in need 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 the injury diagnosis 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, including observation of protection and community service order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

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 recommendation] set forth in the sentencing criteria, and the minor injury (the scope of the corrected recommendation] that has not been injured by the mitigation area (ten months to two years) (the imprisonment with prison labor for a person who has been specially mitigated) (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 committed by the Defendant, who is a taxi driver, is deemed to have inflicted an injury on the victim, and since the assault against the driver in operation is a highly dangerous crime that may cause a traffic accident and damage to many and unspecified persons, the nature of the crime is not good.

Although the Defendant had a number of violent crimes, he committed the instant crime.

However, the defendant recognized the crime of this case, and the injury suffered by the victim.