특정범죄가중처벌등에관한법률위반(운전자폭행등)
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 becomes final and conclusive.
Punishment of the crime
On August 2, 2020, the Defendant: (a) boarded the victim D (son, 52 years of age) on the front line of the c-si located in Si-si, Si-si; (b) went to the seat of the G-si located in F-si in the same city; (c) around 17:50 on the same day, the victim sawd the victim to take the taxi window on the ground of the Defendant’s make wearing the Make, which was in the vicinity of the 368-ro 368-ro at the same city; (d) when the victim stops in order to let the Defendant get off the taxi, she sawed the victim’s flab and dump with his her flap, thereby causing injury to the victim, who was in need of treatment for approximately 21 days.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to D of the police statement report booms, video images and diagnostic diagnosis report
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;
1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following sentencing has been repeated for a favorable reason)
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;
2. Scope of the recommended punishment according to the sentencing guidelines [type 4] Violence crime: Where the driver's injury [including a serious effort to recover damage] or considerable damage has been restored [the scope of the recommended punishment and the recommended punishment] mitigated area, ten months through two years [the scope of the recommended punishment corrected by the applicable sentencing guidelines] imprisonment for one year and six months through two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is in conflict with the legally applicable sentencing range, so the minimum limit of the applicable sentencing range is set according to the law applicable sentencing range).
3. Determination of sentence: Imprisonment with prison labor for a year and six months, and two years under a suspended sentence shall assault a victim who is a taxi driver;