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(영문) 창원지방법원 진주지원 2015.09.10 2015고합76
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for two years.

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 January 28, 2015, 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 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., (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc., (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 Act on the Aggravated

2. On January 28, 2015, the injured Defendant heard from the victim G (the age of 45) who is another substitute engineer in accordance with the above E at the above location as seen above, “whether or not the substitute engineer is distorted,” the injured Defendant left the victim’s left side side and the mouth one time, and left the victim’s right side and left the victim’s right side, and left the victim’s left side for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Report on the occurrence of the case;

1. Two copies of a medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act concerning criminal facts and Article 5-10 (2) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. From among concurrent crimes, the number of concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, within the period of punishment aggregating the long-term punishment for crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, and

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. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. Scope of applicable sentences: Imprisonment with prison labor for a year and six months from June to June 18;

2. Scope of recommended sentences according to the sentencing criteria;

(a)basic crimes - the first offence in its holding (a decision of type);

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