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(영문) 울산지방법원 2016.01.29 2015고합367
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On September 30, 2015, the Defendant: (a) 22:00 on September 30, 2015, the victim F (57) who was a driver on behalf of the Defendant in the E-Poter owned by the Defendant on behalf of the Defendant in the way near the D gas station in Ulsan-gu, Ulsan-gu, U.S., on the ground that the victim had not been properly operated at the port of destination from the top of the above cargo vehicle to the port of destination; (b) was taken on the face of the victim on the drinking; (c) was parked in the drinking house; and (d) the damaged was parked in the said gas station to the vehicle of the cargo and brought the victim back to the vehicle of the truck, and was pushed down with the bridge of the victim.

As a result, the Defendant abused the driver of a vehicle in operation, thereby resulting in a diversified scambling that requires treatment for about 14 days to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Recording records;

1. A medical certificate of injury and a medical certificate;

1. Photographs (at the time of report);

1. Application of Acts and subordinate statutes to report on investigation (not wanting to refer to criminal conciliation of a victim);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing criteria: (a) the scope of the recommended punishment according to the sentencing criteria: (b) the minor injury (a person who is in charge of special sentencing) (a person who is in charge of causing violence) (a person who is in charge of special sentencing) mitigated area [the scope of the recommended punishment] mitigated area [the scope of the recommended punishment] shall be sentenced to imprisonment for ten months to two years (the scope of the corrected recommended punishment] imprisonment for one year and six months from six months to two years (competence of the lower limit of

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence; and

4. The crime of this case on the grounds of sentencing is committed by the defendant who assaults the victim who is an acting driver, thereby causing bodily injury. The act of assaulting the driver of the vehicle in operation.

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