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(영문) 부산지방법원 2019.01.30 2018고단5284

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for four months.

except that 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 September 25, 2018, at around 00:55, the Defendant: (a) 00:55, on board the front line of C-si operated by the Victim B (the age of 64) and expressed that “I have been able to lose” the victim’s “I have been in front of the Busan Jin-gu D apartment E-dong; (b) the Defendant expressed that “I have been in front of the P-dong,” on the ground that I would be bad, etc., of the phrase “I have been in front of the victim’s right face; (c) the Defendant expressed that I have been in front of the victim’s cell phone face; and (d) when the victim took the cell phone of the defective victim who tried to report in 112, the Defendant sawed the victim’s cell phone on the taxi floor; and (d) continued to set the card settlement machine and studer by hand, and fluened the stud.

As a result, the defendant assaulted the driver of a vehicle in operation and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes governing damaged photographs and booms video CDs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Selection of Imprisonment with labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where the grounds for sentencing under Article 62 (1) of the Criminal Act for the suspended sentence under Article 62 (1) of the Act on the Suspension of Execution include the crimes of assault and assault [the scope of recommending punishment] types 1 (including two-months to ten months), the basic area (including efforts to recover damage), the grounds for special mitigation] of types 1 (the scope of recommending punishment) (including serious efforts to recover damage), the grounds for failing to punish a person under special mitigation) (including serious efforts to recover damage) or considerable damage, or the driver of a motor vehicle in operation has been restored to a considerable part (the scope of recommending punishment) or the general criteria for crimes 2 (the scope of causing damage) (the scope of recommending punishment) of the mitigated area (one to six months), the mitigated area (including damage, etc.) [the person under special mitigation] of punishment (including serious efforts to recover damage), or the final sentencing scope according to the majority aggravated punishment: From February to January 1 (decision of sentence]; the victim's prior election of the defendant; and violent crimes, etc.