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(영문) 부산지방법원 2017.02.07 2016고단7597
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for four 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 October 23, 2016, the Defendant: (a) around 01:30 on the street of the former seafarer’s school located in the Cheongdo-dong, Busan, and (b) on the taxi operated by the injured party C (50 years old); (c) “Is to go home because I have no money,” and “Is to go home,” and “Is to go home, Is the victim’s bath.”

Merely, she “I n Doe, typ gue, Lh si, Lh si;

In order to avoid the assault, the injured person assaulted the driver of a motor vehicle in operation, such as walking the victim's side side gate, breast part, etc. on a hand, following the cab in order to avoid the assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the protocol of statement to C and photographs of the victim's face;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] The execution of imprisonment shall be suspended in consideration of the following factors: (a) the basic area (two months to ten months) (special mitigation) (including efforts to recover damage) of the basic area; (b) the case where the driver of a motor vehicle in operation uses violence against the motor vehicle (the decision of sentencing) or considerable damage therefrom; (c) the case where the driver of a motor vehicle in operation uses violence multiple times; and (d) the case where the driver of a motor vehicle in operation uses violence against the motor vehicle (the decision of sentencing] the defendant has several times of violent crimes; and (d) the execution of imprisonment shall be suspended in consideration of the fact that the defendant misleads the defendant;

In addition, an order to attend a course is imposed to prevent recidivism.

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