(영문) 부산지방법원 2017.01.12 2016고단6697

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(영문) 부산지방법원 2017.01.12 2016고단6697

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On March 2, 2009, the Defendant was sentenced to a suspended sentence of 2 months to imprisonment with prison labor at the Busan District Court on April 2, 2009, and seven violent crimes have been committed. On August 23, 2016, the Defendant: (a) around 02:45, on a taxi operated by the victim D (37 years of age) on the roads adjacent to the C cafeteria located in Jung-gu, Busan District; (b) on the 695-3-dong, Seo-gu, Busan, Busan, a nearby destination, went into the roads adjacent to the destination; and (c) the Defendant demanded that the Defendant continue to proceed without going on the roads adjacent to the B cafeteria, Seo-gu, Busan, Seo-gu, Busan, which was a destination.

Accordingly, the victim stops a taxi in front of the F convenience store in Seo-gu, Busan, and the defendant laid down the face and the head part of the victim who was seated in the driver's seat in the front of the above taxi.

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 with regard to D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

2. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The sentence shall be determined as per the order, in consideration of the following factors: (a) the basic area (two months to ten months); (b) the punishment of a person who is not specially mitigated (including efforts to recover damage); or (c) where the driver of a motor vehicle in operation has assaulted the driver of the motor vehicle in operation (type (1) [the decision of sentence] if it is not good to commit a crime; (d) if it is not easy to agree with the victim; (e) if it is contrary to the agreement; (e) the defendant's age; and (e) the defendant's age, sexual behavior; and (e) circumstances of sentencing.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

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