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(영문) 창원지방법원 진주지원 2014.03.27 2014고합1

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 December 20, 2013, around 00:05, the Defendant: (a) carried the victim’s head in front of the scam scambus, which is a proxy of the victim C (the age of 42) driven by the Defendant, and had the key to the victim on the road facing the F apartment at Jinju-si; and (b) again, the victim tried to return back to the road at Jinju-si; (c) on the ground that the victim neglected the Defendant’s horse and heard only the horses of the above D, the borrower, and scambling, the head of the victim’s head by hand on his hand.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and caused the injury to the 14-day chills, tensions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of a medical certificate of injury, a written confirmation of emergency medical treatment, and statutes governing damaged photographs;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of types), violent crimes, assault crimes, types No. 4 (Bodily Harm resulting from Violence against Drivers) (Special Assaults): Minor injury [Extent of the recommended sentence]: Imprisonment with prison labor for 10 months to 2 years (the scope of the corrected recommended sentence] [the scope of the corrected recommended sentence] imprisonment for 1 year and 6 months to 2 years (the lowest limit of the applicable sentence in the law];

3. Determination of sentence: The Defendant is deemed to have inflicted an injury on the driver of a vehicle in operation for a year and six months of imprisonment with prison labor, and two years of suspended execution, taking into account the fact that the crime committed in this case constitutes a very dangerous act that may cause a traffic accident beyond infringement on the victim’s individual rights and thus, may cause damage to many and unspecified persons.