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(영문) 부산지방법원 동부지원 2017.04.27 2017고단354
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 14, 2017, around 02:15, the Defendant: (a) boarded a D taxi that was operated by the victim C (64 years of age) on the front of the Busan BY-gu BY on the road; and (b) moved to the front of the F Hospital located in Busan Shipping Daegu E.

In order to get off passengers, the Defendant expressed the victim under the influence of alcohol in front of the above hospital, “I do not own any car, sweb wres,” and, in drinking, took the back part of the victim’s timber once, and was removed from one string in possession of the victim installed in the taxi.

Accordingly, the defendant assaulted the driver of a vehicle in operation, and damaged this section to be unrepaired.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by drivers), Article 366 of the Criminal Act, and choice of imprisonment with prison labor as to the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance where the crime of this case was committed by assaulting the taxi driver in operation and destroying the fashion installed therein, such as the nature of the crime is bad, and the defendant has a majority of criminal records of violence.

However, the fact that violence used by the defendant was not very serious, and the fact that the defendant agreed with the victim is favorable.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Multiple Crimes - Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.): Violence crimes, assault crimes, etc.

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