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(영문) 부산지방법원 2014.08.22 2014고합409
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] On October 19, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the said sentence on January 29, 201.

【Criminal Facts】

On June 25, 2013, around 00:15, the Defendant was boarding J-si operated by the victim I (the age of 61) in the Seo-gu, Seo-gu, Busan, Seo-gu, Busan, and did not pay the taxi cost, and led the Defendant to accompany the taxi to the early area of the Busan East Police Station.

The Defendant agreed that the Defendant’s wife would pay taxi expenses between the Defendant and the Defendant’s wife in the said Seocho-gu, Busan High-gu, Busan High-gu, the destination of which was the head of the instant taxi, and was in Busan High-gu, Busan High-gu, Busan High-gu, the destination of which was the Defendant, and led the Defendant to a knife the fact that the Defendant reported the details of the Defendant’s free boarding of a vessel at the said Seocho-gu, Busan High-gu, Busan High-gu, the destination. However, the Defendant called “I am knick, knife, knife, knife, knife, and knife knife knife knife kn

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Statement made by the police with regard to I (Recognition of credibility in light of the circumstances, details, degree of injury, etc. of the statement);

1. A written diagnosis of injury;

1. A criminal investigation report and an investigation report (to hear statements from a victim's telephone);

1. Previous records: Investigation report (Attachment of judgments of the same kind of crime), and application of Acts and subordinate statutes concerning the status of confinement;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Article 35 of the Criminal Act among repeated crimes [Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime against Drivers, Violence, etc.) on which the execution of punishment was completed on January 29, 201: Provided, That it is limited under the proviso to

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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