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(영문) 의정부지방법원 2013.09.25 2013고합302

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 16, 2013, the Defendant: (a) around 21:45, at the Namyang-do, had the Defendant conduct a proxy driving on the road in the tunnels, the Defendant: (b) had the Defendant run a motor vehicle with the Defendant’s Cin-do, the Defendant, at home, on behalf of the victim D (the age of 52) on the road; and (c) had the victim violate and speeded the signal while under the influence of alcohol, the Defendant set up the “motor vehicle” to the victim under the influence of alcohol; and (d) had the victim take three times back to the victim by drinking, and returned back to the next time.

As a result, the defendant assaulted the victim who is a driver of the above car in operation and suffered damage to the crocf that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements prepared in D;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] [the types of crime] the group of violent crimes, the crime of violence, the group of crimes (the person causing violence against a driver] (including a serious effort to recover damage): None of the mitigated factors: In the event that minor injury, the amount of punishment (including a serious effort to recover damage) or a significant damage has been recovered [the scope of the recommended sentence] mitigated area] [the scope of the mitigated area] [the scope of the sentence by recommendation] five months to two years (the range of punishment by recommendation, there are at least two special mitigations prior to the adjustment according to the applicable sentence by law, and the number of special mitigations is reduced by up to one half) (the scope of the corrected recommended sentence by up to one half)] [the scope of the sentenced sentence by reduction]] from one year and six months to two years (the lowest sentence by the applicable sentence by law] [no aggravated element

3. Whether to suspend the execution (the main reasons for the suspension): A positive factor that does not exist: minor injury;