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(영문) 부산지방법원 2016.05.20 2016고합102
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

around 02:40 on November 26, 2015, the Defendant: (a) stated that he was boarding the E-si driven by the victim D (54 taxes) in front of the Busan East-gu, Busan-gu, that “the victim is her mother,” and that “the victim is her mother,” and that “the victim is her mother,” and that “the victim is her mother, her mother, and her part of the victim’s face.” (b) caused the victim’s injury, such as the victim’s impairment of two strings that require approximately two weeks of treatment.

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 D;

1. A police investigation report and a police investigation report (Attachment to a diagnosis report);

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. The main sentence of Article 62(1) of the Criminal Act (hereinafter “reasons for sentencing”), which is favorable to the defendant, shall be considered as follows.

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. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment [the person who is subject to special sentencing] of the category 4 (the person who is subject to special sentencing], the minor injury and punishment not (the scope of the recommended punishment that has been modified after special adjustment], one year and six months to two years (the period of sentence corrected after special adjustment only two persons are subject to special mitigation, so the scope of the recommended punishment of special adjustment shall be based on the period of five months to two years, or the minimum limit of the applicable punishment in law] (the main reasons) (the scope of the recommended punishment of which is minor injury and punishment of each person shall be positive).

3. Determination of sentence: A crime of this case committed by the defendant for a stay of execution of two years in one year and six months and for community service of 120 hours shall be committed by assaulting the victim who was under the influence of alcohol and causing injury.

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