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(영문) 부산지방법원 2017.05.17 2017고단1130
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:05 on February 7, 2017, the Defendant, under the influence of alcohol at around 00:0,05, assaulted a taxi driver on the ground that he was in the direction of Franchi E in Busan Franchi, the destination of which was scheduled, on the ground that he was in the direction of Franchi E in Busan Franchi, while he was under the influence of driving the victim’s personal taxi in Busan Franchi, and that he was not driving the taxi on the way in which he was going by the ordinary defendant of Franchi, and used the taxi driver on the part of his hand to take the face of the victim.

2. The Defendant: (a) was arrested as a flagrant offender on the date and time set forth in paragraph (1) and under investigation at “The G District District District of the Busan Geum-gu Police Station G District, Busan, which was located in the F of the F of the F of the F of the F of the F of the F of the F of the F of the Gu; (b) expressed the police officer’s desire to “Cyp Mara, Mara,” and Mara, “h’s bath,” and the police officer’s legitimate performance of duties in relation to the prevention and investigation of the crime, by assaulting the police officer at one time at the face of H, one of whom he had been in the face.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, I, and H;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 136 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

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 first crime, the violation of the depth of the crime, and the victim’s agreement reached an agreement with the victim, the same victim is not subject to the punishment of the defendant);

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