(영문) 부산지방법원 2017.03.16 2016고단8451

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(영문) 부산지방법원 2017.03.16 2016고단8451

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2016, at around 21:00, the Defendant 21:00, her walked in the back seat of the victim C (55) drive D-si in Busan E-si and went to the direction of the Defendant’s residence, and her talked with the victim on the ground that the Defendant continued to talk with the victim on the ground that it is bad for the victim to go to the direction of the Defendant’s residence. On October 29, 2016, the Defendant came to the front of the “former Korean Elementary School” located in the 255-ro, Busan Jin-gu, Busan, 21:20 on the same day, and the victim would not be able to get the Defendant to go to the customer.

As the victim said, he moved from the back of the driver’s seat to the back of the driver’s seat, and turned down the part of the victim’s left side one time, and continued to drive the said taxi to the near police station, and again, he saw the victim’s left side side by driving the cab in order for the victim to go to the nearest police station, and driving the cab in the direction of “G” located in Busan Jin-gu, Busan.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs photographs of damaged parts - Application of the Acts and subordinate statutes attached thereto;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: Circumstances favorable to the defendant, such as the poor quality of the crime of this case, and the fact that there are many criminal records related to violence committed against the defendant: He/she has agreed to the defendant in depth, the victim wanted his/her wife, and the victim was only twice a fine after 2002, and the above circumstances and the defendant's age, character and conduct, environment, etc. shall be determined as per the disposition, in consideration of the above circumstances and the defendant's age, character and environment

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

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