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(영문) 울산지방법원 2017.02.17 2016고합461
폭행등
Text

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

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

Reasons

Punishment of the crime

On December 13, 2016, at around 03:30 on December 13, 2016, the Defendant: (a) was in front of the Defendant’s house located in Ulsan-dong Police Station C, and was in front of the payment of taxi expenses, the Defendant inflicted injury on the victim, i.e., the victim “A. at the police station” and “A. at the back seat of the taxi driven by the victim; and (b) the victim was on board the back seat of the taxi driven by the victim; and (c) the victim was in front of the Ulsan-dong Police Station in Ulsan-dong Police Station in Ulsan-dong, Ulsan-gu, U.S., U.S., U.S., where the victim was 10 times the face of the victim; and (d) the victim suffered injury, such as the inside seat of the taxi in need of approximately two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A taxi bbbbox and video CD;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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 according to the sentencing guidelines [the type of determination] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines where the degree of assault by the driver injured (the type No. 4) [the person subject to a special sentencing] is minor, the punishment is not suspended [the scope of the recommended punishment] from five months to two years (the scope of the corrected recommended punishment] from one year and six months to two years (the lowest limit of the recommended punishment is lower than the statutory minimum limit of the applicable punishment, and therefore the recommended punishment shall be set at the lowest limit of the applicable sentencing

3. The instant crime committed by the Defendant, who is a taxi engineer, was punished for trial expenses due to the payment of taxi expenses, and the victim who is a taxi driver, was injured by assaulting the taxi and causing approximately two weeks of medical treatment. In light of the background of the instant crime, the form of the act, etc., the nature of the relevant crime is somewhat weak.

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