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(영문) 전주지방법원 2015.04.02 2014고합312

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2014, the Defendant: (a) 17:15, 2014, on the Do taxi driven by the Victim C (the age of 67) and when the si was on the Yansan-gu E, Jeonju-si, took a bath without any reason; (b) dump the victim’s bat with his left hand; and (c) 7-8 times on the part of the victim’s cumbage, etc., the Defendant damaged the victim’s cumpation that requires approximately two weeks of medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing following the period of suspended sentence);

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommendations on the sentencing criteria [decision of types] the range of recommendations [the scope of sentences] set forth in the sentencing criteria shall be the minimum limit of the applicable sentences under law, since the scope of sentences recommended in the sentencing criteria is inconsistent with the scope of the applicable sentences under law, reduced element of violence (the person who is a special person for driving a driver] - minor injury, non-guilty amount of punishment (the scope of the recommended sentences] - May to two years (the scope of the corrected recommended sentences].

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence are crimes of this case committed by the Defendant with a breath in the influence of alcohol without any reason while getting on or off a taxi, and thus, the commission of the crime of this case is not only a damage to the victim, who is a driver, but also a dangerous crime that may cause human and physical damage to an unspecified number of people, and the nature of the crime is not good.

However, the defendant recognized the crime of this case and stated that the mistake is divided, and the defendant is contingent.