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(영문) 서울서부지방법원 2014.09.23 2014고합88

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

Punishment of the crime

At around 03:10 on April 6, 2014, the Defendant: (a) was on the front side of the Daelim post office located in the Daelimdong, Yeongdeungpo-gu, Seoul; (b) was on the back seat of the D taxi operated by the victim C (year 64); and (c) was on the back seat of the D taxi and moved to the network of destination.

At around 03:35 on the same day, the Defendant: (a) caused the victim to go back to Mapo-dong 370, Mapo-gu, Mapo-gu, Seoul; (b) caused the victim's back to drinking water cans that he sawd about 40 km from drinking in the speed of drinking in about 40 km; and (c) caused the victim's injury, such as spiting, spiting, etc. the victim's back to drinking water cans that he saw four times as drinking in the speed of drinking water in the city, at the price once; and (d) caused the victim's injury by assaulting the victim for about three weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation C;

1. A written diagnosis of injury;

1. Voluntary reporting, application of parts to the victim's interests, cans and coffee Acts and subordinate statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

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

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

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for one year and six months to two years.

(a) Offenses: Imprisonment with prison labor for not less than 10 months to 2 years (the scope of recommending punishment) and the mitigation area (not less than 10 months to 2 years) (including specially mitigated persons) of the mitigated area (including serious efforts to recover damage);

(b) Scope of revised final recommendation: Imprisonment with prison labor for one year and six months to two years (the lowest limit of the sentencing range according to the sentencing criteria is lower than the statutory minimum applicable sentencing range, and therefore the applicable minimum of the applicable sentencing range is set by law);

3. Determination of sentence;