(영문) 수원지방법원 안양지원 2015.03.27 2015고합14



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.


Punishment of the crime

At around 03:30 on January 8, 2015, the Defendant, as a citizen of the Mayang-si, boarded-gu, was boarding the F taxi belonging to Samyang-si, which is operated by the victim E (the 49-year-old) on the road near the five-school basin.

The Defendant, under the influence of alcohol, did not immediately speak the destination equally, and the victim gets at the destination, and took a bath, “I see,” “I see,” “I see,” “I see,” “I am at the destination of the victim,” “I am at the end of the death of the victim,” “I am at all times the head and face of the victim in driving,” and “I am at the end of the victim’s face by assaulting the victim, such as the victim’s b1-day care for 21 days.”

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

2. Scope of recommendation [decision of types] violent crimes, assault crimes, driver's bodily injury (special-sponsers): Insignificant injury, non-sponsive area of punishment (the scope of recommendation area and recommendation), mitigated area of punishment (the scope of recommendation area and recommendation), ten months to two years; and

3. Determination of sentence: One and half years of imprisonment, and two years of suspended execution are crimes threatening the safety of drivers, passengers, pedestrians, etc. by using violence, etc. against the drivers of automobiles in operation, and the quality of such crimes is not good, and the accused has three times of a fine due to violence.

However, the defendant reflects the crime of this case, the degree of damage is minor, and the victim wishes to punish.