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(영문) 부산지방법원 2015.04.17 2015고합42
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 11, 2014, the Defendant, at around 00:21, 122, 122, and NAS apartment on the front of Busan, Busan, Seocheon-gu apartment, and NAS apartment, was driving a D taxi driven by the victim, and the victim took a bath to the victim while driving the taxi in the direction of the district unit located in the same Gu, the victim took the victim's face one time, and then gets the victim's face on his hand. Accordingly, the victim took the side of the victim, who was seated in the driver's seat down from the front of the Dokcheon-dong in order to put the Dok-dong, and took part in the driver's Dok-dong, who was a driver of the vehicle operating in a bridge-dong with breath of Do-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommending punishment: Imprisonment for not less than 10 months to 2 years (decision on types of punishment) (decision on types of punishment) for violent crime group: Type 4 (Bodily Injury resulting from Assault against Drivers) (Special Mitigation) for a penalty;

3. The crime of this case, which was determined to be sentenced, is causing bodily injury to a taxi engineer in operation, and such crime is highly likely to cause serious accidents and damage to life and property of many and unspecified persons, resulting in excessive danger to a driver.

In addition, the Defendant committed the instant crime, which is a violent crime, even though he had the history of the violent crime more than ten times and had the previous convictions.

In light of this, the defendant's liability for the crime is strict.

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