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(영문) 인천지방법원 2018.12.13 2018고합686

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2018, the Defendant, at around 22:03, on the front of the “D” in Michuhol-gu Incheon Metropolitan City, was under the influence of alcohol, temporarily stop the F taxi in operation of the victim E (55 years) with a temporary stop, she gets on the front line, and upon receiving a demand from the injured person, “if she has another customer”;

As soon as possible, when the victim's face is taken by drinking, the victim's face was taken up to approximately three weeks, and the victim was satisfeed with satum, satum, satum, and satch of the satisf.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate of injury (E);

1. Blue box, video CDs and photographs, and parts of the victim’s photo;

1. Application of Acts and subordinate statutes to a investigation report (including attachment of a screen by cutting down a black stuff image) (including attachment);

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;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment and the scope of the recommended punishment] of class 4 (Bodily Injury of Drivers) (the person causing special sentencing]: The mitigated area of the punishment, the mitigated area of the punishment (the scope of the recommended and recommended punishment], and the

3. Determination of sentence: A year and six months after the suspension of the execution of one year and six months, the defendant was injured by assaulting the driver of a taxi after boarding the taxi with other passengers, and such crime threatens the safety of the driver, passengers, or pedestrians, and has the record of being sentenced to a fine on two occasions for violent crimes.