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(영문) 수원지방법원 평택지원 2014.09.17 2014고합109

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

1. The defendant A shall be punished by imprisonment with prison labor for a year and six months;

However, the defendant is above the defendant for 2 years from the date of this judgment.

Reasons

Criminal facts

[Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Assault, etc.) of Defendant A committed assaulting the victim, who is a driver of a motor vehicle in operation on April 21, 2014, with the driver of the motor vehicle in operation, such as pushing the victim's face with the driver of the motor vehicle driving in front of the B (age 41) taxi driving in Pyeongtaek-si located in Pyeongtaek-si located in the front of the B (age 41) from Pyeongtaek-si located in Pyeongtaek-si located in the front of the B (age 65). On the ground that the Defendant requested the operation to another place from the first destination, the Defendant used the driver of the motor vehicle in operation on the hand of the victim to take the front side of the 2-day driver's face with the driver's seat in front of the 2-day driver's seat.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of suspect interrogation protocol as to B prepared by the police;

1. Each investigation report of police preparation (for each investigation report with accompanying documents, including accompanying documents). Each statement of investigation report (for each investigation report with accompanying documents, the document shall be accompanied);

1. Description of a medical certificate of injury to B in the preparation of a doctor G;

1. Application of each video statute of limitation to the victim's photograph (Evidence No. 16-18 of the record);

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 under Article 62(1) of the Criminal Act (amended by Act No. 62(1) (amended by Presidential Decree No. 1) of the Act on the Suspension of Execution [the scope of punishment favorable to the reasons for sentencing] [the case of discretionary mitigation] 1 year and six months from 15 years to 15 years (the case of discretionary mitigation] / violent crime, assault crime, Type 4 (Special Bodily Aggravated Injury to Drivers) - Reduction element : Insignificant injury, in the area of special mitigation [the scope of recommending punishment], in the area of imprisonment with prison labor for five months to 2 years (the scope of corrected recommended punishment], the lower limit of the punishment for one year and six months from 6 months to 2 years is lower than the lower limit