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(영문) 부산지방법원 동부지원 2016.07.22 2016고합77
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

Reasons

Punishment of the crime

On May 3, 2016, around 13:50 on May 3, 2016, the Defendant boarded the victim E (67 tax) in front of the D restaurant located in Busan-gun, Busan-gun, and moved to H restaurant located at the entrance of Busan-gun, Busan-gun G.

At around 13:55 on the same day, the Defendant used tobacco to the victim prior to the “J hot spring” road located in Busan-gun, Busan-gun. However, the Defendant committed assault, i.e., the victim’s smoking in the taxi, and, i.e., “the aged and older guye si si si si; Hammmmmmmmmmmm si si si si si si si si si; Hammm si si si si si si si si si si, and si si si si si si gu si.”

As a result, the Defendant assaulted the victim who is a driver of a vehicle in operation and caused damage to the character of the head that requires approximately two weeks of treatment, and on the string of the head that is in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to A by the prosecution;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs) and a report on investigation (Attachment of a medical certificate);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

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

2. Scope of the recommended punishment on the sentencing criteria [the types of decisions] assaulting crimes, types No. 4 [the person subject to special sentencing] punished [the scope of the recommended punishment], 10 months to 2 years (the scope of mitigated punishment].

3. The Defendant, who was sentenced to sentence, led to confession and reflect on the crime of this case.

The defendant does not want to punish the defendant by agreement with the victim.

The wife suffered by the victim is not very serious.

This is the circumstances favorable to the defendant.

The Defendant on October 8, 2015.

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