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(영문) 부산지방법원 서부지원 2019.11.28 2019고합139
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:35, December 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) boarded the victim’s right shoulder, which is operated by the victim B (the South and the age of 61) on the unclaimed taxi (the age of 61) in Busan Metropolitan City, and arrived at the front of the Gangseo-gu Busan Metropolitan City D apartment, which is a destination of 04:35 on the same day. However, the Defendant continued to walk around the victim by stating, “I am, I am, I am, I am, I am,” while having the victim go slowly at the entrance of the said apartment, without any justifiable reason. Around 203:3 times, the Defendant inflicted injury on the victim, who is driving on the right shoulder of the said apartment.

2. The Defendant damaged the property by inserting the time and time set forth in paragraph 1, and the 29,000 won of the market value, which was set up in the Victim B, operated by the Victim B at the same place, and thereby harming its utility by generating the Avian Trabbbbs and cell phone stands in an amount equivalent to KRW 30,000,000 of the market value.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Receipts:

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Article 5-10 (2) (former part) and Article 5-10 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act concerning the crime;

1. Aggravation 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 of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Concurrent Crimes, Violence, etc.) to the punishment heavier than the punishment);

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

1. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeated for the reason for sentencing):

1. The accused and the accused of an order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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