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(영문) 제주지방법원 2014.06.19 2014고합47

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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 25, 2014, the Defendant: (a) around the Western market located in the Seodaemun Tridong in Jeju, and (b) had a proxy driver C (the age of 53) drive the Defendant’s DNA xG x (XG) vehicle; and (c) her left hand on the body of the victim was tightly obstructed by the victim; (d) her head part of the victim was flicked by drinking, and caused the injury to the driver of a vehicle in operation by causing two weeks of injury, such as damage to the flick character, etc., which requires two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 concerning the crime

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

3. Article 62 (1) of the Act on Suspension of Execution (The following consideration shall be repeated for the reason for sentencing).

4. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing guidelines [Determination of type] - Violence crime, driver's injury (type 4) - Minor injury [specific person] mitigation element - [Determination of recommendation range] mitigation area / [Scope of recommendation range] mitigation area / 10 months or 2 years [Scope of revised recommendation range] Imprisonment from 10 months or 6 months to 2 years (a year and 6 months shall be recommended to the lowest limit of punishment in accordance with the minimum limit of the applicable sentences, as it is inconsistent with the minimum limit of the applicable sentences under law) [a general person] mitigation element - serious reflection [a general person] mitigation element - Major general participation reason (whether or not to suspend execution] - General participation reason (esteem) for minor bodily injury - social relation clearly, contingent crimes, serious reflects, defendant's detention entail excessive difficulty to his dependants.

3. Determination of sentence: Imprisonment for one and half years; and