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(영문) 부산지방법원 2015.06.05 2015고단1368
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2015, the Defendant: around 21:25, 2015, on the grounds that the Defendant gets on the frontway, and her cab driven by the victim D (the victim D(the victim D) is not driving as he / she / she gets on the frontway; he / she gets her her bath, and her her flab, which is the driver of the said taxi in operation, was her hand her her bat, and the Defendant was her flab with the victim’s her bat at the head of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement about D and application of Acts and subordinate statutes governing victim photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Crimes of Type 1 (Special Violence in February or October) (Special Mitigation) where a driver of a motor vehicle in operation has been injured (including a serious effort to recover from damage) or has been damaged considerably / Where the driver of a motor vehicle in operation has been injured (type 1) / Where the degree of violence is not serious, the degree of violence is not serious, the point agreed with the victim, etc. are considered as favorable to the defendant, and the fact that the driver has already been punished twice or more due to the driver's assault, etc. is considered as normal circumstances that are disadvantageous to the defendant.

In light of the above circumstances, a suspended sentence of imprisonment shall be sentenced on the condition of community service.

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