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(영문) 부산지방법원 서부지원 2018.11.08 2018고합203
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

Punishment of the crime

On June 27, 2018, at around 23:45, the Defendant 23:45, who was under way in the vicinity of the oil station in the city of Busan on the part of the victim F (60 years of age) in G-si in the operation of the victim F (60) who was under way in the vicinity of the oil station in the city of Busan on the 2018, caused the driver of the vehicle in operation by assaulting the driver of the vehicle and causing injury to the victim who was under way by taking about two weeks of the victim's face of the taxi in the knife of the knife where the knife took part in the driver's seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment of images upon commission of a crime);

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for one year and a half years from June to two years (the type of determination) (the person causing violence to a driver): Reduction elements of the punishment (the scope of the recommended punishment) (the scope of the recommendation), reduction scope, reduction scope of the punishment, ten months to two years [the scope of the corrected recommended punishment]] from one year and six months from six months to two years from one year (the lowest limit of the sentencing range recommended by the sentencing criteria is lower than the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set at the statutory minimum limit of the applicable sentencing range).

3. The crime of this case resulting in the bodily injury of a driver of a motor vehicle in operation by assaulting the driver of the motor vehicle and causing the bodily injury of the driver of the motor vehicle. The crime of this case, however, is likely to inflict bodily injury on the driver of another motor vehicle, passengers, pedestrians, etc. by causing a traffic accident, and thus, the nature of the crime is heavy.

The defendant is in the same kind.

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