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(영문) 부산지방법원 동부지원 2013.09.10 2013고단2251

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. On May 27, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) went into the E-cab operated by the victim D (the age of 48) on the street in front of the singing room located in Busan-gun, Busan-gun on May 27, 2013. On the same day, at around 03:05, the Defendant: (a) expressed an desire for the victim, who was driving while driving, to the effect that the victim did not receive the rent in advance from the Defendant’s driving; and (b) expressed the victim’s motive, such as “When she was able to get out of the rent, ring, and her death,” and (c) threatened the victim under driving, such as she was fluend, as she can be consumed

2. Around 03:20 on May 27, 2013, the Defendant was arrested as a flagrant offender on the same grounds as paragraph (1) within the G District located in F of the Busan District, and four persons, including slope H, have taken four times the victim’s I slope to the victim of the crime of obstruction of performance of official duties, namely, “I am at least four times the same sound as friend, ring, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, etc.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and I

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 311 of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act (including the fact that agreement is reached with the victim D, the fact that it is against the victim, etc.);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;