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(영문) 광주지방법원 2013.07.17 2013고합188
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 February 14, 2013, 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 Specific Crimes) (the Defendant, as a cargo driver, driven a cargo vehicle of 1 ton C 1 ton, and driven a three-lane crossing of private distance such as signals, etc. in front of the Gwangju Mine Bank located in No. 1249, 1249, Gwangju Mine-dong, for the long time, from the surface of the cukdong-dong, the road operator driven by the victim D (the age 43) changed the road from the two lanes to the three-lane for the first time, making it clear that the accident occurred as the victim D (the age 43) changed the road from the two lanes to the three-lane for the first time.

The Defendant demanded the victim to go with the victim by hand, and caused injury to the victim, who is a driver of a motor vehicle operating in one time at the victim's hand, such as the left-hand cream, which requires the victim's treatment for about two weeks.

2. From 10:58 to 11:14 of the same day, the Defendant interfered with the operation of the bus by force of the victim, such as having the victim not operate the bus for about 16 minutes by the method described in paragraph (1), etc.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Video CDs;

1. Application of Acts and subordinate statutes of a medical 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 Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 314 (1) of the Criminal Act concerning the crime (the point of

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Crimes of violence according to the scope of recommendations according to the sentencing criteria (determination of types);

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