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(영문) 창원지방법원 2013.09.12 2013고합192
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

Punishment of the crime

1. On May 15, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Aggravated Punishment, etc. of Specific Crimes) (Crime A, Violence, etc.) brought the back of the victim who drives a taxi on the ground that the victim gets away from tobacco in his/her hand and gets out of his/her seat while driving a D business taxi in the direction of the central driving of the destination, which is driven by the victim C (Age 60) in front of the D business taxi located in the Seongdong-gu, Changwon-si, Changwon-si, Changwon-si, Seoul Special Metropolitan City, and brought about injury to the victim, such as a bid and an injury that require approximately two-day medical treatment for the victim.

2. On May 15, 2013, from around 20:30 to 21:00, the Defendant interfered with the business of the Defendant: (a) reported the assault by the said victim in F District E located in the window of Changwon-si; (b) reported the defect to the police to start for the taxi business again; and (c) reported the defect to the said police to start for the said taxi business; and (d) laid down the bit of the bit of the bit of the bit of the bit of the bit of the taxi driver; and (b) caused the bit of the bit of the bit of the bit of the bit of the bit of the bit of the bit of the bit of the taxi driver; (c) Do the bit of the bit of the bit of the bit of the taxi driver; and (d) obstructed the victim’s taxi business by force by

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 314 (1) of the Criminal Act concerning criminal facts;

2. From among concurrent crimes, those under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, to the punishment provided for in the said Act);

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

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

5. Article 62-2 (1) of the Criminal Act, and probation;

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