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(영문) 수원지방법원 안산지원 2014.08.22 2014고합180

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 21:50 on April 28, 2014, the Defendant: (a) carried a private taxi driven by the victim C (the age of 61) in front of the “ Home Packer’s platform in Ansan-si, the Defendant: (b) carried on a private taxi in front of the “The Home Packer’s platform; (c) divided the conversation with the victim; and (d) took the victim’s desire for the victim on the ground that the victim’s talks not in mind; (d) took the victim’s head and face; and (e) took the victim’s head and face, etc. with the head and face; and (e) took the victim’s walk for treatment for about two weeks due to drinking and fluoring.

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

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. A written diagnosis of injury;

4. Application of each statute of photography;

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

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Reasons for sentencing under Article 62-2 of the Criminal Act of the Probation Order.

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Violence crime group - Violence crime - Type 4 (Bodily Injury resulting from Violence against Drivers);

(b) Special penal persons: No penalty shall be imposed;

(c) Scope of recommending punishment: Imprisonment with prison labor for not less than 10 months to 2 years ( mitigated areas); and

(d) Scope of recommendations that are modified according to the scope of applicable sentences: Imprisonment with prison labor for one year and six months to two years; and

3. In this case, in light of the fact that the defendant was sentenced to a fine for violent crimes in 2001, it cannot be deemed that the defendant's liability for the crime is less than that of the defendant, in light of the following: (a) that the defendant was in a taxi on board a taxi and inflicted an injury by assaulting a driver; (b) that the nature and circumstances of the crime were not good; (c) that there was a risk of causing a traffic accident; and (d) that there

However, the defendant has a lot of alcohol.