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(영문) 부산지방법원 서부지원 2018.08.21 2018고단351

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2018, at around 21:30, the Defendant: (a) boarded a D taxi operated by the Victim C (60 Do) on the opposite side of the Yong-gu Office located in the Seo-gu Office, Busan, Seogdo, Busan, on the ground that he did not enter his apartment at the entrance of the Defendant’s apartment in front of the 2-dong and the 3-dong 2-dong 3-dong 11, 19, 79 Dogdo, Simdo, an apartment in front of the 3-dong 11, the same Gu, and that he did not enter the Defendant’s house. In drinking, the Defendant assaulted the Defendant’s driver of a vehicle in operation, who was in front of the back head and shoulder of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on photographic data;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Where he/she assaults the scope of the recommended punishment according to the sentencing criteria and the basic area (two months to ten months) (special sentencing factors) of the type (special sentencing factors) of the motor vehicle in operation, and assaults the driver of a motor vehicle in operation;

2. The crime of assault by a person who has been sentenced to punishment may cause a traffic accident and cause serious damage to the life, body, etc. of a third party, which is highly likely to cause such danger and criticism, and the defendant has a record of being punished once a fine for an violent crime, such as the crime of this case, and there are many criminal records that have been punished by a fine for the same crime, etc., that are disadvantageous to the defendant.

However, the sentence like the order shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the defendant recognizes his mistake and reflects it, the fact that the victim does not want the punishment of the defendant in the course of investigation by agreement with the victim, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after the crime.

(b) for more than one year.