특정범죄가중처벌등에관한법률위반(운전자폭행등)
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.
Punishment of the crime
On May 17, 2018, the Defendant stopped at the back seat of the victim C (Woo, 67 years old) Haak-dong located in Ulsan-si Police Station located in Ulsan-gu, Ulsan-si on May 17, 2018, when the victimized person was making a stop for the signal atmosphere, the Defendant was able to purchase the victim’s her own ice, and the victim “dleh”.
In other words, “the inside and outside of the Republic of Korea,” “the victim’s head knife the victim’s head knife, knife the victim’s face knife by hand, and continued to wear the victim’s arms and shoulder, thereby committing assaulting the victim for about three weeks of treatment, thereby causing damage to the victim’s reputation, etc.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Photographs and USB;
1. Application of Acts and subordinate statutes to a report of investigation (as to a diagnosis report on injury to a victim), a report of investigation (as to the capture of a black image), a report of investigation (to listen to the victim’s telephone statement), a report of investigation (as to face, output of a fluor, etc. and attachment of a video file for booms, such as c
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 favorable circumstances):
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (resumed as follows)
1. The scope of punishment by law: Imprisonment with prison labor for one year and six months to fifteen years;
2. Application of the sentencing guidelines [the types of decisions] types 4 (Bodily Injury by Violence of Drivers) [the person who is subject to special sentencing] [the scope of the punishment and the scope of the punishment to be mitigated], the area of mitigation of punishment, the period from October to 2 years (the scope of the corrected recommendation], one year and six months to two years (the lowest limit of the punishment to be imposed in law).
3. The instant crime committed by the Defendant on the sentence is without any particular reason that the Defendant gets on and off the taxi that the victim is driving.