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(영문) 부산지방법원 2015.04.17 2015고합50
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

1. Around 04:00 on December 13, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, Violence, etc.) brought the victim’s face at a speed of about 20 km from the head of E-si where the victim D (the age of 52) drives at a speed of about 20 km, and brought the victim’s face at one time at one time, and then, the victim’s face cannot be identified by his/her hand from the taxi that immediately stopped.

The part of 6 to 7 of the facts charged, “A non-divating was made.” was corrected as stated in the facts charged.

2. The Defendant damaged property at the same time and place as that of paragraph (1) of this Article, when assaulting the victim in the taxi as above, removed metres and card terminals attached to the above taxi on his hand, and removed the cell phone owned by the victim for the reason that the victim intended to report to the police, and then damaged the property so that the amount of the mobile phone can be 50,000 won in total by taking out the cell phone from the above taxi on the ground that the victim did not want to report to the police.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of each investigation report (the analysis of victim taxi booms images, verification of repair costs, etc.), victim injury photographs, damaged metres, and taxi-related Acts and subordinate statutes;

1. Article 5-10 (2) (former part) and (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act on the Punishment, etc. of Specific Crimes and Article 5-10 (2) (the injury or injury caused by

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.

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