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(영문) 부산지방법원 2013.09.27 2013고합543
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 July 16, 2013, the defendant, around 00:50 on July 16, 2013, let the victim C (the age of 58) who was represented by the defendant drive the vehicle on behalf of the defendant in front of the children's substitute park located in Busan Jin-gu, Busan, on the back of the above vehicle.

When the victim drives the above vehicle, and during the signal atmosphere from the amrotota in the same Gu, the defendant suffered bodily injury, such as dump of the bones of wood that requires medical treatment for 14 days in consideration of the victim's back water from drinking, etc. on several occasions, and the victim suffered bodily injury, such as dump of the bones of wood, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances required for the following reasons for sentencing):

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

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

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

2. Scope of recommendations according to the sentencing guidelines (decision of types of punishment), violent crimes, Type 4 (Bodily Injury resulting from Violence by Drivers) of Violence Crimes (Special Bodily Injury by Drivers), mitigation elements (Extent of recommendations) (Scope of minor injury) [limited area of mitigation of punishment]; and

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and two years of a stay of execution (general prisons), respectively;

4. Criteria for the suspension of execution: Imposition of a sentence of suspension of execution (the main reason for the suspension of execution) positive (the reason for minor injury) (the reason for general participation) negative (where the driver of a motor vehicle in operation is a victim, there is no effort to recover damage) (the crime is friendly, serious reflective).

5. Where the driver of a motor vehicle who is in operation for sentencing grounds assaults, he/she shall be prohibited from properly manipulating the steering gear, brake system, etc. of the motor vehicle.

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