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(영문) 울산지방법원 2013.04.05 2012고합547
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 two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

Around 07:30 on December 13, 2012, the Defendant: (a) stated that “the victim, who gets in a D taxi driven by the victim C(63 years of age) at the sight tower located in Ulsan-gu, Ulsan-gu, U.S., and asks for a D taxi destination,” “I son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son.” (b) stated that “the victim, who son son son son son son son son son son son son son son son son son son.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. 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. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of sentencing in favor of the reasons for sentencing] [the scope of sentencing] - One year and six months [the decision of sentencing] - 1 year and fifteen years [the decision of sentencing] - violence crime, assault crime, driver's bodily injury (type 4] - Insignificant injury, non-aggravated injury - Where a driver of a vehicle in operation commits violence [the scope of recommending punishment] ] In the case where the driver of a vehicle in operation commits an act of violence [the scope of recommending punishment] 10 months to two years (the scope of revised sentencing] sentenced to imprisonment 1 year and six months from six months from (the minimum sentencing range recommended in sentencing guidelines is below the minimum sentencing range), - there is no criminal history or no criminal punishment / there is no positive injury: minor injury, no positive force, no criminal punishment; the defendant's social relation with the driver in operation of a vehicle in operation in one year and six years after the suspended sentence].

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