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(영문) 부산지방법원 2015.01.16 2014고합578

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 3, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) went into the back seat of a taxi that is driven by the victim C (the age of 56) in the vicinity of the Mandong-dong-dong, Busan, and moved to the Dong-dong University located in the same Dong-dong University (the age of 56) and caused the victim to suffer injury, such as damage of the victim’s head and neck, on the ground that the victim would not assault D, and thereby, the victim suffered injury.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

2. On June 3, 2014, the Defendant: (a) 23:20 on the road near the Dongju-dong University located in Dondong-dong, Busan, and, on the same grounds as indicated in paragraph (1) of the said Article, the Defendant: (b) taken off the back of the lower seat of the said taxi stopped and opened a steering door, and caused injury to the victim, which requires approximately two weeks of treatment for the face of the victim by hand, by opening the front door and opening the front door; and (c) resulting in injury, such as damage to the reputation of the lower part

Summary of Evidence

1. Defendant's legal statement;

1. Some statements in the prosecutor's statement concerning D;

1. Police suspect interrogation protocol regarding C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act concerning criminal facts and Article 5-10 (2) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The suspended sentence of Article 62(1) of the Criminal Act (hereinafter referred to as the following sentencing grounds) is the sentencing.