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(영문) 부산지방법원 동부지원 2014.11.21 2014고합163
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

At around 02:30 on July 22, 2014, the Defendant: (a) caused damage to the reputation of the inner part in need of medical treatment for about 14 days by taking the face of the victim who is driving a taxi on two occasions, on the ground that the taxi was not in the direction of the defendant who was driving a victim C (50 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and C;

1. Part of the prosecutor's office and police interrogation protocol of the accused;

1. Statement to C by the police;

1. A medical certificate;

1. Photographs related to the case;

1. Investigation report and investigation report [The defendant and his defense counsel denies the fact of assault per se; however, according to the witness C, E’s consistent statement and diagnosis report, investigation report, etc. about the situation of leaving the scene, etc., the defendant committed two assaults by drinking the victim, who is the driver of a taxi operating in the same manner as the criminal facts in the judgment of the court; the defendant standing the taxi on two occasions as stated in the judgment of the court; the victim tried to open a back and abscond the taxi immediately after the second assault; the victim immediately after the second assault, the fact that the defendant standing the taxi was trying to open a door and tried to flee; the victim requested 112 reports in the surrounding area of the defendant’s fating fat; and the application of statutes

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “the reason for sentencing”)

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. The scope of recommendations on the sentencing guidelines [decision of types] the range of recommendations [the scope of recommendations] on the sentencing guidelines, minor injuries [the scope of recommendations] set forth in Type 4 (Bodily Harm to Drivers), mitigation area], prison labor from 10 months to 2 years [the suspension of execution] - The main reasons for positive reference: Minor injury - the reasons for negative general reference:

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