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(영문) 부산지방법원 2016.12.23 2016고합660
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:30 on August 18, 2016, the Defendant: (a) was traveling along a D taxi driven by the victim C(55 years of age) from the elementary intersection located in the Seocho-gu Busan Metropolitan City to the destination; (b) while under the influence of alcohol, the Defendant expressed the victim’s desire to “at all times, he she is able to take the right breath of the victim’s right-hand boom.”

As a result, the Defendant assaulted the driver of a vehicle in operation and caused about 10 days of medical treatment to the straw, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation by the police (for a suspected suspect's act) and a report on investigation (Attachment to a black image);

1. Application of Acts and subordinate statutes, such as each black box photo and a certificate of injury to each track;

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 for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. The main sentence of Article 62(1) of the Criminal Act (hereinafter “the grounds for the suspended sentence”), which is favorable to the defendant, shall be considered as follows;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types of punishment] the scope of the recommended punishment pursuant to the sentencing guidelines for violent crimes: the minor injury [the scope of the sentenced punishment for recommendations] (the scope of the sentenced punishment for a person who is a special offender] [the scope of the sentenced punishment for a person who is sentenced to a punishment for a minor injury] (the scope of the recommended punishment] from 10 months to 2 years [the scope of the sentenced punishment for a modified punishment] from 1 year and 6 months to 2 years (the basis of the principal offence] minor injury (the grounds of the

3. Determination of sentence: Imprisonment with prison labor for a year and six months, two years of suspension of execution, and community service work for a period of 120 hours shall assault the victim who is a taxi driver in operation of the defendant.

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