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(영문) 부산지방법원 동부지원 2018.07.17 2018고합76
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2018, around 00:57, the Defendant: (a) taken the back seat of the subway No. 1 located in the subway station located in Busan Jin-gu, Busan, and requested the victim to set up a vehicle at the seat of the passenger (D) located in the back seat of the subway No. 1 located in the Busan Jin-gu, Busan, and requested the victim to set up the vehicle at the seat of the destination; and (b) the victim would stop in the vicinity of the Busan Jin-gu, Busan, without paying the taxi expenses.

and has been punished for vagabonds.

Accordingly, the victim reported to the police, and the police officer called the victim moved the defendant again to the east-do, which is the destination, by moving the defendant again to the taxi.

At around 01:13 on the same day, the Defendant took a bath to the victim, such as “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am on the victim’s face, I am, I am, I am, I am, I am, I am.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (the sequence 1, 6 of the evidence list);

1. A taxi bbbbbox and video CDs;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 under law: Imprisonment for one month to five years; and

2. Reduction elements of the recommended punishment according to the sentencing guidelines: The scope of the recommended punishment [types of determination] and the basic area of the recommended punishment [where the driver of a motor vehicle in operation has abused the driver of a motor vehicle in operation (including a serious effort to recover damage) or has been recovered from considerable damage: (a) where the driver of a motor vehicle in operation has assaulted him/her; (b) the basic area of the recommended punishment [the scope of the recommended punishment] from February to October.

3. The crime of assault by the driver who is sentenced to the sentence shall be a traffic accident; and

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