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(영문) 부산지방법원 2018.04.06 2014고합403
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2014, the Defendant was boarding at the back seat of the private taxi operated by the victim C (59 tax) at the entrance of the modern apartment located in the Busan Jin-dong, Busan, Busan, on April 13, 2014.

The Defendant: (a) when the victim started a taxi and was in front of the E Private Teaching Institutes located in D while leaving the taxi, and, (b) expressed the Defendant’s destination to the Defendant, and expressed the victim’s desire to “I am, I am to do so,” and (c) expressed the victim’s inside of the victim.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and caused approximately three weeks of medical treatment to the inside and outside of the inside of the inside.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);

1. Article 5-10 (2) (former part) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13351, Jun. 22, 2015) applicable to the crime

1. Reduction of a small amount: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to provide community service: Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be limited to the basic area (one year and six months to three years) (the person subject to special sentencing] that is the basic area (where the person subject to special sentencing is unable to punish or has recovered from considerable damage: Where the driver of a motor vehicle in operation has injured him/her (the one type).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for community service 160 hours is committed by the defendant without any particular reason in the taxi operating at night, resulting in the risk of a traffic accident that may cause serious damage to the life, body, etc. of other people, which may cause serious damage to the victim who is a taxi driver.

The defendant shall be punished for violence, etc.

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