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(영문) 부산지방법원 2016.04.15 2016고합13
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 4, 2015, the Defendant, around 16:00, 16:00, she moved on the road in front of the Busan Soksan-dong, Busan, and the victim C ( South, 38 years old) was able to move on the road in the village bus No. 2 operated by the victim, on the ground that the injured person started the vehicle, and she gets her driver's seat and her bath, while driving the driver's seat and her bath, she was heeped with the part of the victim's face face face and the rear part of the part, with both hand, and her head was her head.

Since then, when the bus stops the bus, the defendant tried the driver of the vehicle in operation, such as the driver of the vehicle in operation, such as breaking the victim's face side and the rear part of the passenger's seat with the driver's seat, the driver of the vehicle in operation, breaking the timber and shoulder with both hand, and suffered approximately two weeks of light fluences and spons in need of treatment.

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 copies of an injury diagnosis;

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

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 type of determination] the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall be limited to the minor injury [the scope of the recommended punishment] set forth in Category 4 [the person who has been specially mitigated] [the scope of the punishment], ten months of imprisonment, or two years of imprisonment [the scope of the corrected recommended punishment] from one year and six months to two years (the minimum limit of the recommended punishment is set at the minimum limit of the statutory applicable sentencing, and the minimum limit of the recommended punishment shall be set at the minimum limit

3. Determination of sentence;

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