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(영문) 부산지방법원 2016.12.07 2016고단6486
특수폭행
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on September 22, 2016, the Defendant was waiting for the victim in the vicinity of the Ecafeteria operated by the victim located in the D market located in Busan Jung-gu, Busan, waiting for the victim. The victim, who was not an agent, was driving the victim's small-scale taxi (G) while driving the Defendant's small-scale taxi (G), driving the victim's vehicle, and driving the victim's small-scale taxi (G), driving the victim's vehicle in the vicinity of Busan, and driving the vehicle again on September 22, 2016: around 01:16, the victim did not receive another telephone, and driving the vehicle in the middle-gu, Busan, the front part of the vehicle at the 3rd-gu, Busan, and the front part of the vehicle at the right side of the 1st, the driver's vehicle at the front part of the 3rd-gu, Busan, could be seen as having the face of the victim's vehicle at the right side.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of each investigation report (No. 2,8 of the evidence list), each internal investigation report (No. 6,7 of the evidence list);

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the category 6 (Habitual, Cumulative, Habitual, and Special Violence) (4-1-2) (special mitigation) of the mitigation area (4-1-2).

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