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(영문) 부산지방법원 2015.02.13 2014고합751

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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

The defendant is a person who operates skin house.

On August 20, 2014, at around 02:00, the Defendant’s name “E” as stated in the written indictment of the victim C is a clerical error in the “C”, and is corrected.

(58) Around 02:15 on the same day, a driver of a motor vehicle, who is a driver of a motor vehicle operating in order to take the back of the back of the victim who is a driver of a motor vehicle due to the problem of the fee with the victim while he was driving in front of the opening apartment in the Busan-gu, Busan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A written diagnosis of injury;

1. A taxi receipt;

1. Application of the Acts and subordinate statutes to photographs and body photographs taken by black stuffs;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for one month to five years;

2. Determination of types of recommending punishment: Violence crimes, assault crimes, types 1 (general assault): Reduction elements: General person who is not punishable but who is sentenced to punishment - Reduction elements: The range of recommending punishment that has serious reflectivity or that there is no record of criminal punishment: One month to eight months of imprisonment;

3. Main reasons for the suspension of execution - No positive reason for the main reason for the suspension of execution - No history of criminal punishment, the reason for general participation in punishment - positive: distinct social ties, contingent crimes, serious reflects, or criminal records of suspension of execution or more, accompanying excessive difficulties for the family members.

4. Determination of sentence: The crime of this case in the period of two years under the suspension of the execution of imprisonment for eight months is committed by the defendant, and the victim's back head who was driven while paying trial expenses due to the rate with the victim who operated the taxi.