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(영문) 수원지방법원 2016.07.12 2016고합271

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On March 23, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed an injury to the victim C (56 tax) in the Suwon detention house located in the Dong where he/she was on board a taxi in the same city area where he/she had been on board the taxi in the same city area D while moving to the taxi in the Suwon detention house located in the Dong where he/she had been on board the taxi in the same city area. As such, when the face of the said victim who was on drinking without any justifiable reason, the Defendant inflicted an injury on the victim, such as dump, tension, etc., for which approximately two weeks of medical treatment is needed.

2. The Defendant damaged property by selling the glass worn by the said victim at the time and place specified in paragraph 1, without any justifiable reason, and destroying them by displaying the glass, displaying the glass, leaving the glass.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury and written estimate;

1. Application of victim-victim photographs, safication photographs, assault photographs, and video CD-related Acts and subordinate statutes;

1. Articles 5-10 (2) and 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of inflicting an injury on a driver) and 366 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the sum of the long-term punishments of each of the crimes above is added to the punishment specified for a violation of the Act on the Aggravated Punishment,

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 in favor of the defendant among the grounds for sentencing);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed normal conditions favorable to the above)

1. From June to June 16 months of imprisonment with prison labor for the scope of punishment by law; and

2. Application of the sentencing criteria;

(a) Crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) / [Type 4] Crimes of assault (person causing a special mitigation] [Determination in the sphere of recommendation] mitigated area of punishment (decision in the sphere of recommendation] [Scope of punishment] mitigated area of punishment / 10 months to 2 years;

(b) the crime of destruction.