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(영문) 의정부지방법원 2013.03.27 2012고합836

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 00:40 on November 20, 2012, the Defendant was driving on behalf of the victim D(43 years of age) who is a proxy driver at the Yangju City C cafeteria, and was driving on behalf of the victim, and was driving on the Defendant’s LionSF car at the Defendant’s LionF car, the Defendant was driving on the part of the victim at the vicinity of the Sin-si Intersection, and the vehicle was stopped at the time near the Sin Government

Although the victim changed the proxy fee to the defendant at his place, the victim started driving with the first place where the proxy engineer was not represented by the defendant because the defendant did not pay the proxy fee to the defendant, and the defendant was urged to take face with the back head of the victim as drinking.

The Defendant assaulted the driver of a motor vehicle in operation and caused the victim to suffer the loss of the second fluor’s character requiring medical treatment for about 14 days.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Part concerning D's statement of the police interrogation protocol of the defendant (2 times, 2-2)

1. Written statement of the draft D;

1. A written diagnosis of injury to D;

1. Application of each Category D photographic statute

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended sentence according to the sentencing guidelines [the types of crime] the group of violent crimes, assault crimes, Type 4 (Special Aggravation of Violence against Drivers): No mitigated element: In a case where minor injuries, non-influences (including serious efforts to recover damage), or significant damage has been recovered, [the scope of the recommended range] mitigated area [the scope of the recommendation range] [the scope of sentence] mitigated area] from May to two years (the minimum sentence shall be mitigated by up to 1/2 as there are two or more special mitigations prior to adjustment according to the applicable sentences under the law).