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(영문) 서울중앙지방법원 2013.11.22 2013고합1027

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

At around 23:00 on June 5, 2013, the Defendant boarded D-si operated by the victim C (year 57) in the vicinity of the D-sidong in Seongdong-gu Seoul Metropolitan Government and was going to a monthly valley located in the Handong-dong in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. At around 23:30 on the same day, the Defendant heard from the victim about where the victim would have his destination anywhere at the time when she passed the front of the Handong branch of the Korean Bank's C-Fero in the same 16-7, the Defendant sawd the victim's face while drunking the victim's face without any particular reason under the influence of alcohol. When the victim was able to take care of the victim, the Defendant sawd sabbro that requires approximately two weeks of medical 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. Statement to C by the police;

1. Application of Acts and subordinate statutes of a victim's photograph and injury diagnosis report;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing)

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

2. Scope of recommendation according to the standard for sentencing [decision of types] violence, assault crime, driver's bodily injury (person subject to special mitigation] imprisonment [Scope of recommendation] from 10 months to 2 years (the scope of revised recommendation sentence] imprisonment, from 16 months to 2 years (based on the lowest limit of punishment under the law).

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution are the crimes in this case where the defendant inflicts an injury on the driver of a vehicle in operation, and such crimes are likely to cause a large number of casualties and property damage. In light of the fact that such crimes are caused by traffic accidents, the nature of the crimes is not easy.

However, the defendant is in conflict with the confession of the crime of this case, and the defendant is somewhat somewhat.