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(영문) 울산지방법원 2013.08.16 2013고합110

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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 became final and conclusive.

Reasons

Criminal facts

1. On April 3, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Violence to Drivers) (the Defendant: (a) on April 23, 2013, on board the back seat of the ro-type taxi operated by the victim D (the age of 29) in Ulsan-gu, Ulsan-gu; (b) expressed the victim’s desire to be notified of the fee from the victim; (c) on the one hand, when the victim threatened the victim and continued to drive on the upper part of the ro-type taxi, caused the victim’s damage to the character of the ro-ray play, which requires treatment for about 14 days, and caused the victim’s damage to the character and the string.

2. The Defendant destroyed property damage in the above date, time, and place as seen earlier so that the victim cannot set up a taxi in the rear seat of the above taxi in operation, and thus, the Defendant destroyed the 5,000 won of the car repair cost by walking down even behind the right side of the above taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each investigation report and investigation report;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 36 of the Criminal Act, Article 366 of the Criminal Act, and Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime of crime

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of adding up the long-term punishments as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, to the punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of sentencing] for a period of one year and six months to six years [the decision of sentencing] for a crime of violence. 4 types of violence. [Special Penalty] for a mitigation element: Imprisonment with prison labor for not less than five months to two years (the range of recommending punishment for a minor injury and not more than two special mitigation factors) for a minor injury and not more than two years (the lowest sentence is reduced 1/2 because there are not less than two mitigation factors).