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(영문) 광주지방법원 목포지원 2016.02.04 2015고합175

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

On November 21, 2015, at around 22:40, the Defendant: (a) went home to the back seat of the Plaintiff C(60) driving, and returned home, and was in front of the F Hospital in Mapo-si E; (b) on the ground that the victim was infinite; (c) took a dispute over the victim’s face on the ground that the victim was infinite; and (d) took one-time price the part of the victim’s face; and (d) suffered an injury to the victim, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C Police Statement Statement;

1. Application of the injury diagnosis certificate, case-related photographs, black stuffs video CD-related laws and regulations

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. 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 stay of execution (The following circumstances considered in favor of the reasons 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 law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. Where the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] is the mitigated area (10 months to 2 years), the punishment is not suspended (including serious efforts to recover damage), or considerable damage is recovered from the mitigated area (10 months to 2 years), or considerable damage is restored.

3. Scope of sentence comparison and recommendation: Imprisonment with prison labor for a year and six months to two years;

4. Determination of sentence: One year and six months of imprisonment with prison labor, and three years of suspended execution are crimes of this case where the defendant inflicts an injury on a taxi engineer in operation, and such crimes are likely to inflict an injury on a driver, resulting in a large accident, and thus, the crime is highly likely to inflict an injury on a large number of unspecified persons and cause damage to life and property.

Although the Defendant had been punished several times for the same kind of crime, the Defendant committed the crime of this case, and the degree of injury to the victim of this case is relatively heavy.

In full view of these circumstances, it is inevitable to punish the defendant significantly.

However, the defendant.