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(영문) 부산지방법원 2016.12.09 2016고합661
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 June 4, 2016, the Defendant, around 19:00, boarded-dong, Busan, was boarding at the top of the driver's license test conducted by the victim C (year 53) in front of the driver's license test site for the automobile located in Seopo-dong, Seopo-gu, Busan, and was driving along the intersection of Kupo-si, which

However, on the ground that the Defendant tried to calculate the victim’s fee first, but the victim was to calculate the next fee to arrive at the destination, the Defendant expressed a bath to the victim who was in the taxi operation, and took the victim’s bage, hair, hair, etc. with the victim’s hand, and went through drinking and bathing.

As a result, the Defendant assaulted the victim who is a taxi driver in operation and caused the injury to the chills, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes to each photograph (Nos. 3 and 6 of the evidence list), the certificate of injury, and the report of investigation;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. Scope of recommendations: The lower limit of one year and six months to two years recommended by imprisonment is lower than the lower limit of the applicable sentencing range under law, and thus, the lower limit of the applicable sentencing range shall be set by law.

[Determination of Punishment] A driver's bodily injury (type 4) in the area of mitigation (one month to two years of imprisonment) (special mitigation)

3. The defendant's act of inflicting an injury on a driver in operation, resulting in a large accident and resulting in a substantial risk of causing human and physical damage to many and unspecified persons, shall not be deemed to be minor in light of the fact that he/she inflicts an injury on such driver;

However, the defendant is somewhat contingent.

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