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(영문) 부산지방법원 동부지원 2014.04.23 2014고단335
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 00:35 on December 14, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed assault against the victim on the ground that the victim B (the age of 59) was boarding a C-cab operated by the victim B (the age of 59) in the vicinity of the waterway located in the Suwon-gu, Busan. On the same day, around 00:40 on the same day, the said taxi was not located in the direction that the Defendant wants.

2. Violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) and damage to property, the Defendant, at the same time and at the same place, destroyed studio when the said victim was assaulted by the Defendant and tried to immediately set a taxi from the driver’s seat, and removed studio in an amount equivalent to approximately 15,000 won in the market price owned by the victim attached to the said taxi ( approximately 20 cm in length, about 7 cm in length), and studio in which the victim’s head, shoulder, etc. were removed from the studio.

Accordingly, the defendant assaulted the victim with dangerous things, and at the same time damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the face of a victim, the upper part of the damaged vehicle, and the damaged vehicle;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 36 of the Criminal Act, Article 36 of the Criminal Act concerning the punishment of crimes; Article 3 (1) and Article 2 (1) 1 of the Criminal Act; Article 260 (1)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;

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