beta
(영문) 서울남부지방법원 2013.04.04 2012고합975

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 became final and conclusive.

Reasons

Punishment of the crime

At around 03:10 on November 30, 2012, the Defendant: (a) 03:10, when the Defendant was on board the back seat of the Do taxi operated by the victim C (the age of 52) and passes through the above location, the Defendant: (b) 1:3:0, the Defendant: (c) 1:30, the Defendant 2:00 the victim called the “Feng, anywhere anywhere any, any, any, any, any, any, any, any, any, any, any, any, any, any, all, any, any, any, all, any, any, any, all, any, all, any, any, all, any, all, any, all, any, all, any, all, any, all, any, all, any, all, any, all, any, all, all, any, all, all, any, all, all, all, all, all,

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning C (Simplified violence);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on the place of the offender, the letter of arrest of a flagrant offender (A), the on-site visit report, and the body of injury;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 201);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the fact that the defendant has no previous conviction in the same kind of punishment, the degree of injury is insignificant, and an agreement has been reached with the victim);

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

2. Scope of the recommended sentence according to the sentencing guidelines [the types of crime] violent crimes, assault crimes, types 4 (Bodily Aggravated Injury by Drivers) (Specially Aggravated Injury by Drivers): A mitigated element: Insignificant injury, non-Mitigation of punishment (generally a person): A serious half of punishment [the scope of recommending punishment], from May to two years (special mitigation area); and

3. Statutory applicable sentences and recommended sentences: Imprisonment with prison labor for one year and six months to two years.

4. Whether or not to suspend the execution (major reasons for a suspension): Insignificant injury, non-performance of punishment (general reasons for a suspension): Serious reflection.

5. One and half years of imprisonment with prison labor and two years of suspended execution; and

6. The argument of sentencing conditions and the evidence revealed earlier are examined.