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(영문) 부산지방법원 2017.06.21 2017고단1746

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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

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

Reasons

Punishment of the crime

On March 7, 2017, around 23:27, the Defendant: (a) boarded in the gold-gu B of Busan Singu; and (b) asked the Defendant whether to run a taxi for D business use operated by the victim C (5 years); and (c) provided the Defendant with the desire to “Ye flap fe feas, I ambom feas, I ambling the victim’s face at one time by drinking.”

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] is against the basic area (2 months to 10 months) (2 months to 10 months) (the person who is subject to special sentencing] [the decision of sentence], and the decision of sentence as ordered in consideration of all the conditions of sentencing including the records of identical crimes.