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(영문) 제주지방법원 2016.02.18 2015고합179

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2015, the Defendant, at around 00:26, moved to the victim C (52) D taxi located in Jeju-si located in Jeju-si, an elementary school in the Nowon-gu, Nowon-gu, Jeju-gu, Seoul-si, and caused an injury to the victim by taking around about three weeks of the face of the victim, without any justifiable reason, at around 00:32 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on internal investigation (Attachment of data to video records of DNA taxi stuffs), investigation report (a suspect's identification through CCTV verification), investigation report (a result of execution of a warrant of seizure), investigation report (a suspect's identification before the crime was committed, and a suspect's identification in D taxi stuff), and each accompanying data;

1. Report on internal investigation (verification of data on video-recording records of DNA taxi boxes);

1. Application of Acts and subordinate statutes to related photographs and diagnostic notes;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the scope of the recommended punishment [the scope of the punishment [the scope of the recommended punishment] from June to two years (the lowest limit of the recommended punishment is lower than the minimum limit of the applicable punishment in law, and the minimum limit of the applicable punishment set by law shall set the minimum limit of the applicable punishment]; and

3. Determination of sentence: The act of causing a traffic accident and causing a serious damage to the life, body and property of a third party is highly dangerous for committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes for two years in imprisonment or three years in a suspended sentence;

The defendant has no reason to do so.