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(영문) 수원지방법원 평택지원 2014.07.09 2014고합75

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

except that 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

At around 21:00 on April 16, 2014, the Defendant: (a) boarded the victim C(59 years of age) in the street near the new terminal in Pyeongtaek-si; and (b) around 21:15 on the same day, the Defendant took a bath to the victim “in the city of Pyeongtaek-si, he must do so,” and (c) without a clear reason, the Defendant abused the victim, who is a driver of the vehicle in operation, such as 6-7 times the victim’s face face, and caused the victim’s injury, such as the escape of the infant, which requires treatment for about two weeks.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement C in the second suspect examination protocol (C and comparison) of the accused prepared by the police officer on the accused;

1. Statement made by the police officer C on the statement; and

1. Each report on investigation by police (for the purpose of accompanying CDs, including attachment CDs), each description or image of the suspect's inspection report (for the purpose of checking the suspect's inspection report / vehicle black stay verification);

1. A statement in the written appraisal of the preparation of appraiser EFG belonging to the department of law of the Daejeon Science Investigation and Investigation Research Institute;

1. Each description of the medical certificate of injury to C written by a doctor H and dentist I;

1. Application of each video statute of limitation (Evidence Nos. 40-44) to each photograph;

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 (amended by Act No. 62(1) (amended by Presidential Decree No. 1) (amended by Presidential Decree No. 2010), [the scope of punishment)] 1 year and six months to 15 years (limited to a case of discretionary mitigation) ] violent crime, assault crime, Type 4 (Special Bodily Injury to Drivers) - mitigated elements: In the area of mitigation [the scope of recommending punishment], imprisonment of 10 months to 2 years [the scope of corrected recommended punishment], imprisonment of 1 year and six months from 1 year and 6 months from 2 years from 1 year and 2 years from 3 years from 1 year to 15 years from