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(영문) 울산지방법원 2017.04.19 2016고단4316
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment with prison labor for four 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 October 3, 2016, the Defendant: (a) stopped on the front side of the “Ulsansan Hospital” (55 years old) 26, Seogsan-ro 354, Seogsan-gu, Ulsan-ro, 354, the Defendant: (b) temporarily stopped on the part of the Defendant, who is a passenger, during the operation of the said taxi; (c) made the victim and the victim desire to do so due to the problem of the fee, and (d) made the victim’s left part of the snow by hand, etc.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Where he/she assaults a driver of a motor vehicle driving in the aggravated area (from April to one year) (a special aggravated person) (a person who is subject to a special aggravated punishment) of Category 1 (Scope of Recommendation) of the Sentencing (a person who commits assaults against the driver of a motor vehicle driving in the aggravated area);

2. Normal circumstances favorable to the decision of sentence: The fact that a certain amount has been deposited for a confession, serious reflectivity, and victim;

(i) Unfavorable circumstances: Crimes such as exercising violence at night, etc. are not good, and considerable criminal records of violence are involved, etc.;

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