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(영문) 창원지방법원 통영지원 2018.04.19 2018고합19

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 30, 2018, the Defendant was boarding a F-si operated by the Victim E (V) at the front line of the Dong located in Dong Young-si, 00:20 on January 30, 2018, and the victim was standing the said taxi at the H convenience store located adjacent to the G apartment at the time of Dong Young-gu, the purpose of which is 0:25 on the same day, the Defendant was 0:0:25 on the same day, and the victim gets off the said taxi and gets off the driver’s seat so that the damaged person gets out of the driver’s seat, and again was boarding the said taxi at the rear seat of the said taxi.

In order to file a report by the injured party, the injured party operated a taxi along the back seat and moved the taxi to the district on the same day, and the injured party suffered damage to the head's diversity, which requires treatment for about 20 days on the right side of the injured party and about 10 days on the right side of the victim who was driving on the road in front of the Tong-gu Coastal Police Station located in the ebbic death forest in the ebbic grance of the ebrance on the back seat of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on occurrence [the report on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of a driver)], report on internal investigation (the act of a suspected person A), report on internal investigation (the act of a suspected person A), report on internal investigation (the capture of a suspected person's appearance and the victim's assault damage), report on internal investigation (the confirmation of an inside black booms in F vehicles) and report on internal investigation

1. Video CDs;

1. Application of each statute on photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall not be subject to punishment (the area of recommendation and the scope of the recommended punishment] for the bodily injury (the type No. 4) caused by assault against a driver.