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(영문) 창원지방법원 2016.02.04 2015고합246
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 September 23, 2015, the Defendant: (a) from the Yangsan bus terminal located in Yangsan-dong in Yangsan-si, around 21:06, the Defendant started to the next left of the scheduled time of the victim C(46 years old) driver's seat immediately after the driver's seat of Kimhae-si (46 years old) driving; (b) on September 23, 2015, the Defendant started to the next back of the scheduled time of the driver's seat; and (c) on the part of the victim, the Defendant must answer the customer if the customer asks.

A bus engineer and a person who performs a funeral service in a total of 200 million won, all of whom are a taxi engineer.

shall take a position in which they shall take.

“Along with the desire of “,” the victim’s speech that he or she will not take a bath, more fluorously, and the victim’s 21:30 on the same day, which was located in the 2541-ro Kim Jong-si, Kim Jong-do, Kim Jong-si, the 2541-ro, “The Chewing flusium,” and “The flusium, the flusium, the flusium, and the flusium, the victim’s back head, were flusium, and the victim’s back head, and caused the flusium and the tension that require approximately two weeks of treatment.

As such, the Defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

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

2. Application of the sentencing criteria [types] used violent crimes: Type 4 (Bodily Injury resulting from Violence of Drivers) (Special Sentencing) used to punish (the area of recommendation and the scope of recommendation), the area of mitigation of punishment (the area of recommendation and the scope of recommendation), ten months to two years.

3. The crime of this case by the sentence of sentence is a case in which a high-speed bus engineer who was driving committed an assault and thereby inflicted an injury on the defendant.

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