특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 12, 2013, the Defendant: (a) around 22:10 on the street in front of the Geumcheon-dong, Busan, for the purpose of the operation of the victim C (61 years old); (b) was boarding the back seat of the taxi in the direction of the same Gu, which is a destination, and demanded the victim to set up a vehicle in the vicinity of the same Gu Seocheon-dong, Seocheon-dong, which is a destination; (c) although the victim demanded that he be able to bring the vehicle in the vicinity of the same Gu Seocheon-dong, Seocheon-dong, Do, but (d) the defect that “If she would have to put up a son, Do-dong, Do-dong, Do-dong, Do-dong, Do-dong.” (d) said, when she sawed the victim’s her neck from behind the victim’s neck and her face by drinking, the Defendant sustained the victim’s injury by getting the driver, who was a driver of the vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol law to C
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. Reasons for sentencing under Article 62(1) of the Criminal Act (whichever is favorable for the reasons for sentencing) [the scope of sentencing] The reasons for sentencing under Article 62(1) of the suspended sentence [the scope of sentencing] 1 year and 6 months to 15 years [the decision of sentencing] violent crime, assault crime, and Type 4 [the scope of recommending sentence] [the scope of recommending sentence] imprisonment / 10 months to 2 years [the scope of corrected recommended sentence] imprisonment / 1 year and 6 months to 2 years (the scope of corrected recommended sentence] [the grounds for suspended sentence under the law] - Major reasons for suspended sentence : The reason for suspended sentence - Unfavorable (esteem) - Where a driver of a vehicle in operation is a victim [the decision of sentenced sentence] 1 year and 6 months, and the crime of this case committed in two years of suspended sentence is not only a traffic accident that causes the injury of a driver of a vehicle who has committed violence against the defendant.