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(영문) 창원지방법원 통영지원 2016.11.28 2016고단1500
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 01:20 on September 10, 2016, the Defendant used the driver of a motor vehicle in operation on the part of the victim E (the 54-year-old driver) who was in operation of the Delel in the future of the Delel C, without any reason to be asked by the victim about whether or not he/she is getting out of the 54-year-old driver.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Photographs photographs of damaged parts of the victim;

1. Application of photographic Acts and subordinate statutes by cutting a black boom image in a taxi;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where he/she assaults the driver of a motor vehicle in operation (type 1) in the basic area (referring to a person who is subject to special mitigation) of types 1 (type 1) (type 2 to 10 (type 1)).

2. In addition, as the defendant does not want the punishment against the defendant by assaulting the driver who is driving a specific reason for sentencing, it is so decided as per Disposition on the ground that the defendant was sentenced to punishment by taking into account the age, character and conduct, environment, circumstances leading to the crime, circumstances after the crime, etc. as provided in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, circumstance leading to the crime, etc., and circumstances after the crime.

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