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(영문) 창원지방법원 2016.04.14 2015고합250
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 July 19, 2015, at around 02:50 on July 19, 2015, the Defendant: (a) provided a credit card to the victim D (56) in the same city with the aim of getting on a cab near the bridge and paying the taxi fee to the victim; (b) provided that the victim would not be paid due to the shortage of the balance; (c) on the ground that the Defendant was unhured, “A police station did not take the part of the victim’s neck while taking a bath at the police station, and she left the part of the victim’s shoulder with the victim’s hand at once.”

The Defendant continued to 03:15 on the same day, when in the vicinity of the court registry office in the city of Jinhae that is located in the same Gu on the same day, and got off the victim who was operating the said taxi and knife the knife to the police station.

As a result, the Defendant inflicted injury on the victim who is in operation of an automobile, such as cutting the body of pelpel that requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. 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 of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] the scope of the sentence [the scope of the recommended sentence] set forth in the sentencing criteria, and the mitigated area (10 months to two years) [the person who has been specially mitigated] [the scope of the revised punishment] that is not subject to the punishment, one year and six months to two years (the application of the lower limit of the punishment by law).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a year under a suspended sentence of two years shall be operated by the defendant by assaulting the victim who operates a taxi.

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