(영문) 부산지방법원 2015.08.13 2015고단3635

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(영문) 부산지방법원 2015.08.13 2015고단3635

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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 became final and conclusive.

Reasons

Punishment of the crime

On May 17, 2015, at around 20:50, the Defendant 20:50, 100, 2015, boarded the victim's trees in two hands, and opened two times the victim's left side part of the victim's flive apartment in Busan, the trific passenger car owned by the Defendant by the victim C (the age of 56) who is a representative engineer of the victim C (the age of 56) was driven by the Defendant, and was in the second trific apartment in 1210-gil 33, Plock-dong, Busan, the trific passenger was placed in the middle trific apartment in the trific line in the trific city.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of statutes on photographs of damage;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 70 (1) and 69 (2) of the Criminal Act of the choice of imprisonment with labor;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendations] The grounds for the sentencing [the grounds for sentencing favorable to the defendant] under Article 62(1) of the Criminal Act (the grounds for sentencing under the following) shall be considered in consideration of all the circumstances, including the following: (a) types 1 of assault crimes (special mitigation between February and October); (b) the basic area (the person subject to special mitigation); (c) the case where the driver of a motor vehicle in operation has been punished (including serious efforts to recover from damage) or where considerable damage has been recovered; (d) the case where the defendant assaultsd the driver of a motor vehicle in operation (type 1) [the decision of sentence] / [the case where the defendant has been sentenced to punishment several times for the same kind of crime after the crime of this case; (b) the fact that the defendant agreed smoothly with the victim

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조 제1항

-형법 제69조 제2항

-형법 제70조 제1항

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