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(영문) 부산지방법원 2017.05.19 2017고단864
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 January 31, 2017, the Defendant, under the influence of alcohol in the vicinity of the Busan Western Office of Education (Sgu, Seo-gu, Busan), was on the back seat of the taxi driven by the victim B (49 tax) and was in front of the "D cafeteria" located in the Busan East-gu, Busan at around 21:10 on the same day, and was in front of the "D cafeteria" in the Dong-gu, Busan at around 21:10 on the same day, and used the victim's stroke by cutting off the driver's seat and cutting down the driver's seat back

Summary of Evidence

1. Statement by the defendant in court;

1. Statement with respect to B;

1. Application of the investigation report (timely 6), each photograph/cinematographic output statute;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended punishment] The basic area (2-10 months to 10 months) (2-10 months): In the case of assaulting the driver of a vehicle in operation, if the driver of a vehicle in operation commits assaulting him/her, the scope of the compared sentence between the applicable sentences and the recommended sentences: 2-10 months (decision of sentencing): The defendant was placed in violence and intimidation even in 2016; 3-2-2-2-2-2-2-2-2-2 of the Criminal Act; and 4-3-2-2-2-2-2-2-2-2-2-2-2-2-3-3-3-3-4-4-7-7-7-77-7-77-77-77-77-77-77-77

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