(영문) 부산지방법원 2016.03.30 2015고단7570

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(영문) 부산지방법원 2016.03.30 2015고단7570

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2015, the Defendant: (a) around 23:30 on February 10, 2015, on the street in front of the city of the name of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city

“A driver of a motor vehicle who is in operation by drinking a taxi head box while taking a bath, etc., and assaults the driver of a motor vehicle who is in operation three times in drinking the victim’s right part to the right part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on report on occurrence of disasters;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Article of the Act;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for the sentencing of Article 62-2 of the Criminal Act in order to observe protection, observe community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the case where he assaults a driver of a motor vehicle running in the increased area (4 months to 1 year) (a person with a special aggravated punishment] (a person with a special aggravated punishment).

2. The sentence of sentence is an unfavorable circumstance to the defendant for the following reasons: (a) the defendant has a criminal record identical to that of the defendant; (b) the defendant has assaulted a victim who drives a taxi; and (c)

The fact that the defendant is against the defendant is favorable to the defendant.

In addition, the sentence like the order shall be sentenced in consideration of the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, intelligence and environment of the accused, motive and means of the crime.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제51조

-형법 제62조 제1항

-형법 제62조의2

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