beta
(영문) 서울북부지방법원 2018.09.14 2018고합272

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2018, the Defendant: (a) boarded a taxi driven by the victim C (65 years of age) at the entrance of a sloping area in Gwangjin-gu Seoul Special Metropolitan City on May 21, 2018; and (b) was in the vicinity of the 2nd sloping distance in the same 638 area in Jung-gu, Seoul, Jung-gu; (c) placed the victim’s neck while driving without any justifiable reason while under the influence of alcohol, shaking the head kick; and (d) sustained the victim’s knded face and knife the knife of the knife in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes, such as photographs of taxi boomers and victims' grandchildren, photographs damaged by booms, photographs damaged by booms, black booms photographs, black booms video CDs, medical expenses receipt, etc.;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] and the scope of the recommended punishment according to the sentencing guidelines shall be limited to the minor injury and punishment [the scope of the recommended punishment] set forth in Type 4 (the person subject to a special mitigation], the scope of the punishment [the scope of the recommended punishment], the area of special mitigation, May-2 (the scope of the corrected punishment] from one year and six months to two years (the lowest limit of the recommended punishment is lower than the statutory minimum limit of the punishment, and thus the minimum limit of the recommended punishment set by the law set the recommended minimum limit of the punishment).

3. The instant crime committed by the Defendant, who was a taxi engineer, at night without any special reason, was injured by the victim.

At the time of the crime of this case, the victim was in operation of the vehicle, and there were many vehicles in the vicinity.

Therefore, this is applicable.