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(영문) 부산지방법원 2016.09.02 2016고합421

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

Criminal facts

피고인은 2016. 6. 12. 01:40경 부산 부산진구 C에 있는 D 부근 도로에서, 피해자 E(45세)가 운전하는 F 택시의 뒷좌석에 타고 가던 중 특별한 이유 없이 뒷좌석 문을 열어 이에 놀란 피해자가 택시를 급히 세우고 이유를 물으며 뒤를 돌아보자 발로 피해자의 얼굴 부위를 2회 찼다.

As a result, the Defendant assaulted the victim, who is the driver of a vehicle in operation, and inflicted on the victim about three weeks of treatment, such as chinum, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An investigation report (Attachment of a medical certificate for injury);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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 (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of the recommended sentencing criteria: The lower limit of the recommended sentencing for one year and six months, which is lower than the lower limit of the applicable sentencing range in law, set at the lower limit of the applicable sentencing range in law; or

2-year [Determination of Punishment] In the area of mitigation (10-2 years of imprisonment) for a driver's bodily injury (the type No. 4) (the period of imprisonment shall be 10-2 years)

3. The defendant's act of inflicting an injury on a driver in operation, resulting in a large accident and resulting in a substantial risk of causing human and physical damage to many and unspecified persons, shall not be deemed to be minor in light of the fact that he/she inflicts an injury on such driver;

However, it is somewhat contingent that the defendant committed the crime of this case and the degree of injury is not serious, and thereafter the defendant does not want the punishment of the defendant by mutual consent with the victim.