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(영문) 부산지방법원 2017.03.31 2014고합774
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:20 on May 30, 2014, the Defendant: (a) boarded the victim D (51 tax) in front of the building in the Busan Yan-gu C, Busan, and was in front of the elementary school at night in front of the lower part of the place where the Defendant was scheduled, who was dissatisfied with the Defendant’s complaint that the victim observe and operates the signal at night; (b) Hashe provided the victim’s bath that “I shall observe or open the signal at night,” and (c) Hashe provided the victim’s desire to “Is the victim’s right side at night, I would like the victim to take about 14 days at the right side of the victim’s drinking.”

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as photographs of victims and investigation reports (the net 4 times);

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 sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended punishment [the type of punishment] shall be limited to the scope of assault crimes (the person who is in charge of special sentencing): The mitigated elements of minor injuries and punishment (the person who is in charge of general sentencing): The serious reflect [the scope of the recommended punishment] special mitigation area: Imprisonment with prison labor for not less than five months to not more than two years [the scope of final sentence] for a period of not less than one year and six months, but not more than two years (compliance with the lower limit of the applicable punishment in law).

3. The Defendant’s liability is not exceptionally for committing an act of assaulting a victim who is driving a motor vehicle with the sentence of sentence, not for infringing the victim’s body, but for doing so, as it is highly likely to cause additional damage by causing a traffic accident.

However, the Defendant recognized the crime of this case and reflected his mistake.

The defendant shall be punished by a fine.

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