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(영문) 창원지방법원 마산지원 2013.07.17 2013고합45
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 10, 2013, around 19:30 on April 10, 2013, the Defendant boarded the victim C (year 66) on a Liber hotel located in the male Dong in the Sinsan-si.

At around 19:50 on the same day, the Defendant, while drunk in a taxi in operation in the Newmasan District, took a bath to the victim E company without any reason, and caused it to be installed in the taxi, the Defendant attached an empty light, four-eight thousand won in total, three70 won in the market price of the victim E company owned by the victim E company, which is installed in the taxi in the taxi at that place, and continuously added the victim C’s face and back water to the victim C, and continuously added up the two-day face and back water to the victim C, each time.

Accordingly, the defendant injured the victim C, who is the driver of a vehicle in operation, and damaged the property of the victim E company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A copy of a written estimate of general repair costs and a written estimate;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for each crime is added up);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of applicable sentences under law; imprisonment for a year and six months from June to June 16 months; and

2. Scope of recommendations in accordance with the sentencing criteria for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: Imprisonment with prison labor for a year and six months to two years (decision on a type) violence crime against a driver, injury (special-speed person): In a case where minor injury, non-specing of punishment (including efforts to recover damage), or considerable damage has been restored (decision on the recommended area) or where considerable damage has been restored (decision on the recommended area).

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