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(영문) 부산지방법원 동부지원 2017.01.03 2016고합61
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Gohap 61: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.)] On May 16, 2016, the Defendant was on board the front line of the D taxi operated by the victim C (56 Does) on the road located in the city of the captain in Busan-gun, Busan-gun on May 16, 2016, and was scheduled to arrive at the roads prior to the repair of the Republic of Korea (State) located in 71,000 U.S., Busan-gun, Busan-gun.

The defendant's "if you get off" from the damaged person at that place.

I arrive at the destination.

“Isn't know whether I are any person or not, without any particular reason, to hear the words “Isn't know”;

I would like to say, while speaking, "Ma," the victim's face was inflicted upon the victim's face by drinking at several times, and the victim was suffering from an influence of treatment date, etc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each photograph;

1. Application of the Acts and subordinate statutes to cover each black stuff image images;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended punishment on the sentencing criteria [the types of decisions] violence, assault, injury (type 4) by driver [the person subject to special sentencing] [the scope of the recommended punishment] imprisonment with prison labor for 10 months to 2 years (the scope of the corrected recommended punishment] imprisonment with prison labor for 1 year and 6 months to 2 years (the lowest limit of the applicable punishment in law shall be considered).

3. The crime of this case committed by assaulting the driver of a motor vehicle, who is under the sentence of sentence, thereby causing injury to the driver, may cause a danger to the life and body of a third party.

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