특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 14, 2012, at around 02:10, Kimcheon-si, Kimcheon-si, the Defendant moved in the E-si that the victim D (year 40) drive on the front of the gas station at Kimcheon-si, and passed ahead of the F station at Kimcheon-si.
At this time, the defendant, on the ground that the victim is driving on a road, suffered damage to the reputation of the part that requires approximately two weeks of medical treatment by assaulting the victim, such as taking the victim's hair at hand and cutting down the victim's head from his hand.
Accordingly, the Defendant inflicted an injury upon the victim who was in operation of an automobile by assaulting the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A medical certificate;
1. Application of the police internal investigation report, police investigation report, and the Acts and subordinate statutes of the police investigation report;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing [the range of applicable sentences] under Article 62(1) of the Criminal Act for the suspension of execution of sentence (the range of applicable sentences), between one year and six months (the decision of applicable sentences), and not less than 15 years (the decision of applicable sentences), violent crimes, assault crimes, types 4 (Bodily Injury to Drivers): No aggravated element: In the absence of aggravated element: Insignificant injury or penalty [the scope of recommending punishment]: minor injury or not more than 5 months and not more than 2 years (one-2 years and less than 1/2 years and more than 2 years (at least 2 years of mitigation areas, special mitigation areas), [the scope of corrected recommended sentences] 1 year and 6 months and less than 2 years (the lowest limit of the applicable sentences under this Act is lower than the minimum limit of the applicable sentences under this Act, so there shall be no applicable minimum limit of the applicable sentences under law]