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(영문) 수원지방법원안양지원 2020.09.04 2020고합95

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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2020, the Defendant: (a) around C Bank in 00:05 on March 15, 2020, around C Bank in Mapopo City B, and (b) under the influence of alcohol, brought about the victim’s head collection of the victim’s head, flap, and flaping the victim’s flap with his hand while returning home together with his male-child flap, and brought about the victim’s head collection of the victim’s head, flap, etc., requiring approximately two weeks of treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of an 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. 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. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Social Services Criminal Act, Article 59 of the Act on Probation, etc.;

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 scope of punishment] the driver's injury [the type 4] the element of mitigation of punishment (including a serious effort to recover damage] or considerable damage therefrom (the scope of the recommended area and the recommended punishment] mitigated area, ten months to two years [the scope of the recommended punishment corrected by the applicable sentencing] sentenced to imprisonment for one year and six months and two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the sentencing range of the recommended by the sentencing guidelines differs from the applicable sentencing range in law, so the applicable sentencing range in law is set at the lowest limit of the applicable sentencing range).

3. Determination of sentence: One and half years of imprisonment with prison labor, and two years of suspended sentence are crimes in this case where the defendant inflicted an assault on the driver of a vehicle in operation, and such act is illegal to the driver's body;