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(영문) 부산지방법원 서부지원 2018.12.18 2018고단686
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for 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

The defendant is a person who lacks the ability to discern things or make decisions due to mental or physical disorder such as early illness.

around 18:40 on July 4, 2017, the Defendant: (a) was on board the DF Launa Private cab of Mapo-gu Seoul Mapo-gu, Mapo-gu, Seoul, for the head of Dong-dong, operated by the victim C (58 Do) and was moving to the eposi-dong Hospital, which is a destination; (b) on the ground that the victim would be asked several times for the way, the Defendant was on the ground that the Defendant “scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sc

62(1) 6(2) 6(2) 2(2) 2(2) 2(2) 2(2) 2(2) 2(2) 2(2) 2(2) 2(2) 2(2) 2(2) 2) 2(2) 2(2) 2) 2(3) 2(2) 2(2) 2) 2(

맞짱 떠볼까 씨 발 놈아, 콱 개새끼 아 갈 창을, 개새끼야, 와 이 씨 발 놈 봐라 “라고 욕설을 하며 피해자의 팔을 잡고 운전석 안전벨트를 풀 것처럼 행동하였다.

Accordingly, the defendant threatened the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The basic area (two months to one year) (special sentencing person) / mental and physical weak (no one responsible) (no one responsible)/in the case of intimidation against the driver of a motor vehicle in operation, the scope of the recommended punishment according to the sentencing guidelines; and

2. The offense of intimidation by a driver who has been sentenced may cause a traffic accident and cause serious damage to the life, body, etc. of a third party, which is highly likely to cause such danger and criticism, and the defendant on April 27, 2016.

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