특정범죄가중처벌등에관한법률위반(운전자폭행등)
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 19, 2017, the Defendant: (a) while driving a three-lane road in front of the Eelel located in Daegu Jung-gu, Daegu-gu, the Defendant reported that the Victim F (61) would change the lane in the front of the Defendant’s operation; (b) the Defendant set the Defendant’s color taxi on the right side of the victim’s operation, which was parked for the signal waiting.
The defendant, who was landed from the above color taxi, placed his hand on the top of the string taxi with open windows, and brought his hand on the part of the victim.
As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation, and caused the victim to suffer injuries, such as the galking of snow on each side of the two weeks period.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and H;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes to photographs of victims;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Determination on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order
1. The gist of the assertion is that the defendant puts a hand between open windows of a taxi operated by the injured person, but there is no fact that the injured person gets his hand off by hand.
2. For conviction as a result of the jury verdict (seven jurors): Reasons for sentencing on seven full-time jurors.
1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;
2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] and the scope of the recommended punishment [the scope of the recommended punishment] set forth in Category 4 (Bodily Injury of Drivers) [the person who is in charge of special sentencing] mitigation [the scope of the recommended punishment] mitigation area of minor injuries [the scope of the recommended punishment] reduction area] from 10 months to 2 years [the scope of the corrected recommended punishment] from 10 months up to 6 months to 2 years (the lowest limit of the recommended punishment set out in the sentencing guidelines is set below