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(영문) 울산지방법원 2020.02.07 2019고합376
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 19:24, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) caused the injury of the victim, such as dynasium and tension, etc., by taking the victim’s face and head back by drinking and hand, on the ground that, while working on a taxi operated by the victim C (the age of 56) in front of the B apartment in Ulsan-dong, Ulsan-gu, B apartment, Ulsan-gu, Seoul, the victim took care of the victim, “I need to take care of the victim. I need to take care of the victim’s face and head for about 21 days.”

2. The Defendant damaged property at the above date, at the above place, that caused damage to the victim by putting the victim’s stacks by hand on the ground of the foregoing reasons, and caused damage to the victim’s cellular phone by continuously gathering the victim’s cell phone on the ground that the victim reported 112.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim C;

1. Photographss, victims and cellular phone photographs by cutting a black stuff image;

1. Application of Acts and subordinate statutes concerning an injury diagnosis certificate and materials concerning repair expenses;

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 punishments of the crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, to the punishment provided for in the aforesaid two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) The first crime (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) (the decision of type] shall be a violent crime;

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