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(영문) 수원지방법원평택지원 2020.11.13 2020고합131

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 punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 20, 2020, at around 21:50, the Defendant was seated at the top seat of D-A-Wn-Wn-Wn-Wn-Wn on the front side of Pyeongtaek-si, which is operated by the victim C (Einam and 42 years of age), without any particular reason, when the victim was her hand at one time without the victim's own fault. Accordingly, when the driver was stopped from the above vehicle that was stopped from the victim due to the driver's seat, the Defendant inflicted an injury on the victim for about 28 days of treatment.

Summary of Evidence

1. Report on the written statement C by the police statement of the defendant E in the court statement (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes), internal investigation report (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes), records on the investigation results, report on the investigation results, application of Acts and subordinate statutes

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 criteria [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's bodily injury [the scope of the recommended punishment] mitigation elements: the reduction area of punishment [the scope of the recommended punishment and the recommended punishment], the imprisonment for ten months through two years [the scope of the recommended punishment corrected according to the applicable sentencing]], and for one year and six months through two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and therefore the applicable sentencing range is set according to the statutory minimum of the applicable sentencing range).

3. Determination of sentence: The sentence shall be determined as ordered, comprehensively taking into account all the factors of sentencing specified in the instant case, such as imprisonment with prison labor and six months, the condition under the suspension of execution of one year and two years, and the age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime;

The instant case.