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(영문) 서울서부지방법원 2017.01.18 2016고합328

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for two years.

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

around 04:20 on August 17, 2016, the Defendant: (a) boarded the head of the victim in the vicinity of the post office distance 482-9, Mapo-gu, Seoul Mapo-gu, 482-9, to the head of the Dong-gu, Seoul, on the ground that: (b) the Defendant was able to get on the head of the victim in the direction of the station located in 27 in Seodaemun-gu, Seoul; (c) the Defendant was able to get off the victim in both hands and 8 times in the taxi of the victim temporarily stopped in front of the Seoul Mapo-gu, Seoul; and (d) three times in the victim’s face, and caused the victim’s injury to the inside, the inner part, the right side, and the right side side of the victim requiring three-day medical treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each victim's upper part photo, booms video CDs, and injury diagnosis report;

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 extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the observation of protection, order to provide community service and attend lectures, and observation of protection;

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Reduction elements of punishment [the scope of the recommended punishment] set forth in the sentencing criteria shall be the scope of the recommended punishment [the range of the recommended punishment] set forth in the fourth type of violent crimes (the person causing violence by driver): Reduction areas of punishment: Imprisonment with prison labor for not less than 10 months and not more than 2 years (the scope of the corrected punishment]: from not less than 1 year and 6 months to not more than 2 years (the lowest of the punishment by law shall apply because the scope of the punishment is in conflict with the scope of the punishment by law).

3. Determination of sentence: Imprisonment with prison labor for not less than two years and suspension of execution;