특정범죄가중처벌등에관한법률위반(운전자폭행등)
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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 20:50 on August 10, 2019, the Defendant: (a) brought the victim C (the aged 71) who is a taxi engineer at the front of the Defendant’s house located in Sacheon-si B, on the ground that he was unable to find the Defendant well even after receiving the call taxi phone of the Defendant; (b) brought the victim’s face, who was found the Defendant her driver stopped at a time for getting on board, knife his seat with the driver’s seat, and knife the knife with the driver’s seat, knife the knife with the driver’s seat, and knife the victim’s knife with the flick, thereby causing injury to the victim, such as an an abane of the fl
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. On-site photographs and lists of 112 reported cases;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing of Article 62-2 of the Criminal Act, Article 44-2(1) of the Medical Treatment and Custody, etc. Act (in light of the fact that there is a large number of criminal offenses, such as drinking alcohol prior to the instant crime, or exercising violence against taxi officers under the influence of alcohol, etc., the risk of recidivism and the need for outpatient treatment is recognized);
1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;
2. The scope of the recommended sentence according to the sentencing guidelines [the decision of type] violence crime [the 4th category] driver's bodily injury [the person who has been specially punished] - the mitigated element: the mitigated element (including serious efforts to recover damage) or considerable partial damage (the scope of the recommended area and the recommended punishment] mitigated range, the mitigated range of imprisonment from October to two years [the range of the recommended punishment corrected according to the sentencing guidelines] sentenced by the sentencing guidelines from 1 year and 6 months to 2 years, and the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum applicable sentencing range.