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(영문) 부산지방법원 2017.01.20 2016고합827
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

around 04:05 on October 15, 2016, at the entrance of the Bupyeong-gu Busan metropolitan area, the Defendant was unable to pay KRW 1,000 out of the taxi charges of KRW 6,00,00, while the Defendant was on the frontway of the F-gu Busan metropolitan area, the destination of which was driven by the victim C(43 tax).

In order for the injured to report the above damage to the earth, he/she again gets on the taxi and moves two lanes in front of the tring distance to the taxi, and the accused is " wherever any."

The victim of the "I" answer the answer of the victim "I am "I am to the earth," and the victim's face to turn to the left is taken from a drinking time, and the victim's face, etc. is taken from a drinking road even after I am to a drinking, even after I am to a drinking.

As a result, the Defendant injured the victim, who is a driver of a vehicle in operation, such as salt dynasium, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each photograph, each investigation report, and injury diagnosis report;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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

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

2. Scope of recommendation: The lower limit of the punishment for one year and six months from June to two years is lower than the lower limit of the applicable sentencing in law, and accordingly, the lower limit of the applicable sentencing in law shall prevail.

[Determination of the type] The mitigated area (0-2 years from October to 4) of the driver's injury caused by violence (type 4) (a person who has been specially mitigated)

3. An act of inflicting an injury on a driver in operation by the defendant who has been sentenced to the sentence; and

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