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(영문) 부산지방법원 2017.02.03 2016고합945
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 31, 2016, the Defendant: (a) on board a cab for business use operated by the Victim C (55 Doh) at the Sacheon-dong, Yacheon-gu, Busan on August 23:03, 2016, and was going to Busan on the backside, while the taxi is proceeding in front of the “E” located in Seo-gu, Busan on the part of the Defendant, the Defendant expressed the victim’s desire to “the string off the string of the string, the string of the string, the string of the string, the string of the string, the string of the string of the 2016.”

A person who listens to the horses "," and she met at one time the victim's right margin due to re-motor vehicle drinking while "this Chewing, shes".

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and brought about the right buck, spacket, and spons around the sprink in need of two weeks 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 of a medical 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. 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. Grounds for the suspended sentence under the main sentence of Article 62 (1) of the Criminal Act (the grounds for sentencing, which are advantageous to the following grounds);

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;

2. Criteria for sentencing [the types] applicable to violence: Imprisonment with prison labor for not less than one year and six months, but not more than two years (compactary minimum sentencing range) in the area of minor injury [the area of recommendation] mitigation [the scope of recommendation] mitigation [the scope of recommendation] in the area of mitigation [the scope of punishment] in the area of mitigation], but not more than two years.

3. Determination of sentence: A person who commits a crime of assaulting a victim who is driving a motor vehicle with one year and two years under a suspended sentence of one year and six months shall not only infringe on the victim's body, but also be in danger of additional damage by causing a traffic accident.

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