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(영문) 서울동부지방법원 2013.10.25 2013고합221

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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2013:30 on July 23, 2013, the Defendant assaulted the victim on the ground that the victim was aboard the back seat of E-si operated by Songpa-gu Seoul Metropolitan Government (the age of 72) and was asked about the destination of the victim, and attempted to see the victim's entrance and face at least 10 times, and caused the victim's injury to the e-mail that requires treatment for about two weeks.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the certificate of injury, and photographs of injured parts;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria (decision of type), group of violent crimes, assault crime, driver's bodily injury (type 4) (specially sponsor) (the scope of recommending punishment) by minor injury (the scope of recommending punishment) by imprisonment for not less than one year and six months, and not more than two years (based on the lowest limit of applicable punishment by law);

2. The crime of this case, which was determined to be sentenced, is that the defendant inflicts an injury on the driver of a vehicle in operation, and such crime is likely to cause a large number of casualties and property damage.

In addition to these disadvantageous circumstances, the defendant led to an agreement with the victim by paying a certain amount of money to recover damage of the victim and the degree of injury of the victim.