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(영문) 부산지방법원 2016.07.08 2016고합235
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than 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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2016, the Defendant: (a) around 22:30 on February 12, 2016, 2016, on the back of the hotel located in the city of Busan, the Defendant: (b) taken a passenger on the back seat in the back seat; and (c) changed tobacco in the taxi located in the same height as that located in the city of Changwon; (d) taken time to the victim; and (e) taken time to avoid tobacco; and (e) taken time to the victim, who was not able to smoked.

In the end, the back and face of the victim who is being operated by Gap's own drinking on several occasions, and the victim was stroked with a stroke, and the victim was stroked with a stroke, a stroke, a stroke, and a stroke, which require treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of photographics, injury diagnosis certificates, and each investigation report (No. 2, 4, 7 No. 540)

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

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: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. Scope of recommendations: The lower limit of the punishment for one year and six months recommended by imprisonment is lower than the lower limit of the punishment by law, set at the lower limit of the punishment by law.-2

[Determination of Type] In the area of mitigation (10 to 2 years) (a person who has been subject to special mitigation) of a driver's injury (type 4) caused by assault against a driver (a person who has been subject to special mitigation)

3. The defendant's act of inflicting an injury on a driver in operation, resulting in a large accident and resulting in substantial risk of causing physical damage to many and unspecified persons, shall not be subject to any minor liability.

However, it is somewhat contingent that the defendant committed the crime of this case and the degree of injury caused thereby is not much serious, and the defendant is able to do so with the victim.

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