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(영문) 부산지방법원 서부지원 2018.11.08 2018고합214

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 31, 2018, around 02:25, the Defendant: (a) taken the back seat of the victim B (57 S) in the vicinity of the tring distance located in the tring-dong, Busan, and (b) taken the back seat of the victim B (57 S) in the vicinity of the tring-dong, Busan, and (c) taken the victim into the E restaurant located in D.

On May 31, 2018, at around 02:35, the Defendant took a bath to the victim on the ground that the victim was in front of G in Busan Y, which was in front of the destination and continued to be asked. On the other hand, the Defendant took a bath to the victim on the ground that the victim was in front of G in Busan Y, which was in front of the destination, and the victim was in front of the victim’s entrance and the right side of the victim on one occasion.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The cab bbbox, video CDs, victim-fluor photo of the crime scene;

1. Application of Acts and subordinate statutes of a certificate of injury and a certificate of hospitalization;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

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

2. Scope of the recommended punishment on the sentencing criteria: One year and six months to two years (the lowest limit of the sentence range recommended by the sentencing criteria is lower than the lower limit of the applicable sentencing standards in law, and accordingly the lower limit of the applicable sentencing standards is lower than the lower limit of the applicable sentencing standards) - The mitigated area ( October to two years) of the mitigated area (the driver's injury by violence) - Special mitigated person: No penalty surcharge is imposed.

3. Determination of sentence - The act of assaulting a driver is not for infringing the driver's body, but for the risk of causing a traffic accident to inflict damage on the driver, passengers, pedestrians, etc. of other vehicles and thus, the nature of the crime is hot;

On the face of a crime, the defendant is a defendant while driving a taxi boom and video CD.