특정범죄가중처벌등에관한법률위반(운전자폭행등)
1. The defendant shall be punished by imprisonment for a period of one year and six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
Punishment of the crime
At around 15:20 on August 8, 2015, the Defendant, on the front day of the “CU” convenience store operated by the injured party C (the age of 58) in the light-based 887, inflicted bodily injury on the part of the injured party when he was boarding the cU D taxi operated by the victim C (the age of 58), on the ground that the injured party did not have taken his own demand that he would be ebbbbbbbling the air conditioner, and on the other hand, on the face of the injured party for about two weeks in drinking.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Defendant's legal statement;
2. The police statement concerning C;
3. A written diagnosis of injury;
4. Application of each statute of photography;
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
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Grounds for sentencing under Article 62 (1) of the Criminal Act;
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. Scope of the recommended sentencing criteria; and
(a) Determination of types: Violence crime group - Violence crime - Type 4 (Bodily Injury resulting from Violence against Drivers);
(b) Special penal persons: No penalty shall be imposed;
(c) Scope of recommending punishment: Imprisonment with prison labor for not less than 10 months nor more than 2 years;
(d) Scope of recommended sentences revised according to the range of applicable sentences: Imprisonment with prison labor for a year and six months to two years (based on the lowest limit of sentencing range of applicable sentences); and
3. Criteria for suspension of execution;
(a) Major reasons for participation: Members not subject to punishment;
(b) Reasons for general participation: Where the driver of a motor vehicle in operation is a victim;
4. In this case, the decision of sentence shall not be deemed to have inflicted an injury upon the victim who is a driver while getting on a taxi, and the nature and circumstances of the offense are not good.
The criminal defendant's crime is likely to cause a traffic accident and cause another damage, and there is a high possibility of social criticism.