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(영문) 서울남부지방법원 2016.01.07 2015고합495

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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 00:00 on September 5, 2015, was boarding and moving to a destination by the victim C (67 tax) in the vicinity of the Military Station located in Gangseo-gu Seoul Metropolitan Government on September 5, 2015, while moving to a destination, around 00:10 on the same day, at around 00:10 on the same day, the Defendant came to a shooting range prior to the hotel located in Gangseo-gu Seoul Metropolitan City, Gangseo-gu, 327, thereby making the victim “I dum h

“In the end, the victim set a taxi, and caused the injury of the victim, such as cats, etc. due to flapsing the bat of the victim who was seated in the driver’s seat and drinking the victim’s face, making it possible for the victim to receive approximately five weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing the victim's bodily injury, motion picture images, and motion picture images;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime under the relevant Act;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 200

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] None of the group of violent crimes, violence crimes, driver's injury (the type No. 4) (the scope of the recommended punishment) (the person who is subject to special sentencing and the person who is subject to general sentencing] (the scope of the recommended punishment] from 1 year and 6 months to 3 years

3. Determination of sentence is a sentencing factor unfavorable to the defendant for the following reasons: (a) the Defendant committed serious assault against the victim who driven a taxi and suffered considerable bodily injury; and (b) the Defendant’s above act is a dangerous act that may have caused serious consequences of traffic accidents, etc.

However, the sentencing factors for the defendant are favorable to the defendant, such as the fact that the defendant has already divided his mistake in depth, that the defendant has no criminal record, that the defendant does not want the punishment by agreement with the victim, etc., and that the injured person does not want the punishment of the defendant is the sentencing factors for the above sentencing factors.