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(영문) 부산지방법원 2017.04.14 2017고합20
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2016, around 02:10 on December 24, 2016, the Defendant was aboard the back seat of the victim C (52 tax) operated by the victim C (52) in the vicinity of the Latain apartment located in the 4,000-dong 4, Busan, Busan, and then, the Defendant was dead as the victim operated the taxi.

After threatening ‘the victim', around 02:23 on the same day, he moved to the center of the rear seat as the victim was signaled in the front of the 6 Stern church No. 136, 136, in the direction of the back, and then breath of the said taxi in the future. After the victim saw it, the victim was driving the said taxi while driving the taxi, and the victim breaddddddddddd the victim by booming the neck of the said victim who was driving the said taxi with both descendants, thereby causing injury, such as dump dump, dump, tension, etc. for about two weeks.

Accordingly, the defendant assaulted the victim who is a 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. The application of Acts and subordinate statutes to each investigation report (2,6) at least once;

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 of the Criminal Act of the community service order;

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended punishment [the type of punishment] shall be limited to the scope of assault crimes (the person who is in charge of special sentencing): The mitigated elements of minor injuries and punishment (the person who is in charge of general sentencing): The serious reflect [the scope of the recommended punishment] special mitigation area: Imprisonment with prison labor for not less than five months to not more than two years [the scope of final sentence] for a period of not less than one year and six months, but not more than two years (compliance with the lower limit of the applicable punishment in law).

3. A person who inflicts an injury by assaulting a victim who is driving a motor vehicle with a sentence of sentence shall be injured;

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