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(영문) 부산지방법원 2020.01.17 2019고합475
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 22:50 on August 28, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) committed assault against the victim, such as: (a) the victim, who was on board and getting a taxi at a D-business taxi operated by the Plaintiff (the age of 56) prior to his/her previous operation and the victim C (the age of 56) under the influence of alcohol, was going to go to the middle; and (b) he/she was able to go to the middle; (c) after having arrived at his/her destination, he/she saw the victim as “I have no eye, I have no frith, I have frith, I have frith, I have the head of frith.

As a result, the Defendant assaulted the driver of an automobile in operation and suffered injury such as salt, tension, etc. in the 14-day treatment.

2. The Defendant damaged the property by cutting off the string line of the string line of the cab owned by the injured party E, at the same time and place as that set forth in the preceding paragraph, and after getting off the string line of the string line of the string line of the cab owned by the injured party E, so that the 337,566 won of the string

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Photographs;

1. A written diagnosis of injury;

1. Each investigation report (referring to the investigation of a shot phone, the analysis of a black box, etc., and the confirmation of the intent of the victim);

1. Application of Part I Acts and subordinate statutes of a written estimate;

1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act concerning criminal facts and Article 5-10 (2) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Legal provisions;

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