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(영문) 부산지방법원 동부지원 2016.05.10 2016고합27
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 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 February 16, 2016, around 16:16, the Defendant boarded the back seat of the victim C (71 tax) driven by the victim C (71) in the vicinity of the Youngcheon-dong located in Busan Metropolitan City, and around 16:55 on the same day, the Defendant was able to walk the victim’s snow in front of the tin-ro located in Busan Metropolitan City 121, 16:5 on the same day, the said cab was able to view the victim’s snow in front of the tin-ro located in Busan Metropolitan City 121, 16:5.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation and caused the injury to the victim, such as the front section, the front section, the inspection, etc. for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on investigation (on-site situation at the time of dispatch), victim victim's boom photo, investigation report (Submission of a medical certificate), investigation report (digital operation records and black stuffs), investigation report (the records of the same kind of crime), investigation report (the distance of taxi movement), investigation report (the distance of taxi movement), investigation report (the output of the NAV map); and investigation report (the output

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. 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 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] means violence, assault, injury (type No. 4) by drivers [the person subject to special sentencing] [the scope of the recommended punishment] imprisonment with prison labor for 10 months to 2 years [ the scope of the revised punishment] imprisonment with prison labor for 1 year and 6 months to 2 years (the lowest limit of the punishment by law shall be considered).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, one year and two years of suspension of execution, and the driver of a motor vehicle in a normal operation which is disadvantageous to social service hours, thereby causing injury.

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