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(영문) 울산지방법원 2017.04.28 2016고합389
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2016, the Defendant 20:10, around Ulsan-gu, U.S., U.S., U.S., on the front of the KT Telephone State, brought a victim C (56 years old) taxi in front of the KT Call State, and moved to the Felel located in Ulsan-gu E, Ulsan-gu, and the victim was required to pay a taxi fee, and the victim took a bath to the victim.

Therefore, when the damaged person goes to a police station and moves to a G district, the defendant took a bath to the victim in fact, and suffered bodily injury, such as damage of sprink 14 days in the victim's face with the hand floor, which requires treatment for about 14 days.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the crime photograph of the victim, and written diagnosis of injury of the 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 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social 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 guidelines [the types of decisions] the scope of the recommended punishment [the person who is in charge of special sentencing] class 4 (the scope of the recommended punishment and the scope of the recommended punishment], the area of mitigation [the scope of the recommended punishment], the area of imprisonment for 10 months to 2 years (the scope of the corrected recommended punishment], one year and six months (compliance with the lower limit of the punishment by law)] to two years.

3. Acts of violence against the driver of a motor vehicle who is under a decision of sentencing shall not only commit an unlawful act of infringing the driver's body, but also threaten the safety of other pedestrians, motor vehicles, etc.

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