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(영문) 서울남부지방법원 2021.02.04 2020고합539

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

Reasons

Punishment of the crime

Around 00:10 on October 16, 2020, the Defendant boarded the back seat of the Do-si operated by the victim C (the other and the age of 64) in order to go to the front of B, and continued to go to the E neighboring area of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant: (a) took a bath for the victim on the ground that the victim returned to the road; (b) took the head of the victim; and (c) laid the ebbbbbbb, spa, thereby causing injury to the victim in need of approximately two weeks of treatment.

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

Summary of Evidence

1. Application of the Acts and subordinate statutes to report the occurrence of legal statements by the defendant (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes), investigation reports, report on internal investigation (Attachment to documents submitted by a victim), investigation reports ( telephone conversations);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 4] the scope of the recommended punishment [type 4] assault crime committed by a driver [person who is subject to special sentencing]: In minor injury (type 2 and 4), non-won of punishment [the scope of the recommended punishment] special mitigation area, five months to two years [the scope of the recommended punishment corrected by the applicable sentencing guidelines], one year and six months through two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable to the case where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the applicable sentencing range under the law, so the applicable sentencing range under the law shall prevail).

3. According to the decision of sentence, the sentence shall be determined by comprehensively taking into account all the factors of sentencing, including the Defendant’s age, sex, environment, family relationship, and motive, details, and contents of the instant crime, which are favorable or unfavorable to the Defendant.

Unfavorable circumstances: The defendant is the taxi driver in operation.