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(영문) 부산지방법원 2014.11.07 2014고합482

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 June 27, 2014, at around 02:10, the Defendant: (a) was driving a D taxi driven by the Victim C (year 65) and was passing through the entrance of the New-gu Mapopo-dong in Busan Northern-dong; (b) when the victim was able to take the face of the victim who was driving a taxi on his own drinking for the reason that the victim was asking for a specific destination; (c) shaking the victim’s head debt; and (d) when the victim was able to take down the victim’s head debt; and (d) when the victim was able to stop the taxi in front of the neighboring building and stop the taxi in front of the neighboring building.

In the end, the Defendant committed an injury to the victim, such as the injury caused to the injured party, which requires approximately 21 days of medical treatment, due to the driver of the vehicle in operation as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a medical certificate of doctor E;

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. Mitigation of discretionary mitigation under Articles 53 and 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 suspension of execution (hereinafter referred to as "aggravated consideration of the favorable reasons for both punishment");

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [Determination of type] Crimes of violence: Class IV (Bodily Injury resulting from Violence by Drivers) mitigated elements (Scope of recommending punishment): Imprisonment with prison labor for ten months or more to two years [the scope of revision according to the comparison of applicable sentences and recommended sentences in accordance with the law] Imprisonment with prison labor for one year and six months or longer from six months to two years (whether suspended sentence is suspended or not]; a positive reason for major reference: A negative (no crime is committed against the driver of an automobile in operation): a negative (no crime of suspended sentence of imprisonment with prison labor or more) (no crime is committed against the victim).

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence; and

4. The defendant in the reason of sentencing has taken part in the victim's injury by taking several times while getting on a taxi operated by the victim.