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(영문) 울산지방법원 2016.08.26 2016고합190
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 24, 2016, the Defendant stated “E” as the victim’s bill of indictment around 22:00 on April 24, 2016, but according to the statement protocol No. 2 and the examination statement attached to the investigation report No. 4 of the evidence list No. 2, it is obvious that it is a clerical error in “C”.

In this operation, while getting on a cab for business purpose and returning home, the above victim was standing on the top of the new answer that is located in the northwest-gu in Ulsan-gu, Ulsan-do, and without any justifiable reason, he saw him to "divate, satise, satise, satise, satise, and satise," and the victim was able to sate the victim's neck with the second hand and satise the victim's satise and satise the satf, which require approximately 2-day medical treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (as attached to a report on investigation No. 4 of the evidence list);

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the lower limit of the applicable sentencing standards in law, inasmuch as the lower limit of the recommended punishment on the sentencing criteria is lower than the lower limit of the applicable sentencing standards in law, given that the scope of the recommended punishment [the scope of the recommended punishment] in the area of special mitigation (five months to two years) (the special mitigation person], and the lower limit of the recommended punishment on the sentencing criteria for non-permanent punishments

3. Determination of sentence: The defendant, one year and six months after the suspension of execution, committed an assault against the victim who was a taxi driver and returned to the taxi without any justifiable reason, and the circumstances and contents of the crime.

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