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(영문) 부산지방법원 동부지원 2017.04.27 2017고단221
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On January 7, 2017, the Defendant, on the 17:30th day of January 7, 2017, on a taxi operated by the Victim B, was passing at a point of the end of the 1st century of the Busan Ma-dong, Busan Ma-gu, Ma-dong, Busan Ma-dong, Ma-dong, Busan Ma-dong, Ma-dong, Ma-dong, and the Defendant, who

"For the reason that he was asked, he assaulted the driver of a motor vehicle in operation at the right-hand part of the victim who is driving a taxi on the left-hand side of the defendant, one time, and two times at each price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes of Chapter 1 of the Investigation Report (Scambling) and the Video Recording Act and subordinate statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of protection observation, community service order, and order to attend a lecture in this case is that the nature of the crime is very poor, and the defendant has been subject to criminal punishment several times due to the past violent crimes. In particular, even though the defendant was sentenced to a fine for the same kind of crime on March 7, 2016, he/she again committed the instant crime. In addition, the defendant did not pay any damage to the victim and thus the victim is punished by the defendant.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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