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(영문) 부산지방법원 2021.02.05 2020고합468
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:50 on September 17, 2020, the Defendant: (a) assaulted the victim on the front side of the Busan Yandong-gu B, Busan Yandong-gu B, and did not speak for destination; (b) and (c) did not speak at the back seat of the D si-gu, Busan Yan-gu; and (d) as the mixed-level end, “Ne such frity shall spread to the gu,” and (e) caused the victim by assaulting the victim on the front side of the intersection 1217 at the center of Busan Yandong-gu, Busan 23:58 at the same time, while the victim was going to a police station, and caused the victim to undergo approximately 2 weeks therapy.

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. An investigation report (Attachment of a black stuff image), - a photograph taken on the face of a crime extracted from a video, - a black stuff, a criminal investigation report (Attachment of a photo on the upper part), - a photo on the upper part of the right side of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 4] violent crimes: 【The injury [person subject to special sentencing] caused by a driver’s assault [type 2 and 4] mitigated elements: In minor injury (type 4] [the scope of the recommended punishment] mitigated area, 10 months to 2 years [the scope of the recommended punishment revised according to the applicable sentencing] sentenced to imprisonment for one year and six months through two years (the minimum limit of the sentencing range recommended in the sentencing guidelines is different from the applicable sentencing range in law, and the minimum limit of the applicable sentencing range in law is different from the applicable sentencing range).

3. Determination of sentence: Two years of suspension of execution (three years of imprisonment with prison labor for a public prosecutor) for one year and six months;

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