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(영문) 인천지방법원 부천지원 2015.11.13 2015고합204

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 July 27, 2015, the Defendant: (a) on July 19:10, 2015, on the back seat of the E-cab driven by the victim D (year 51) and moved to a destination, and (b) on the back seat of the E-si, Seocheon-si, Seocheon-si, the Defendant took a bath for the victim to go along a way different from that of the destination; (c) thereby, the Defendant, by misunderstanding that the victim would go to a way different from that of the destination, followed the victim’s head, flading the victim’s head, flading the victim’s head, and flad

The victim tried to stop a taxi at the edge of the road, and the defendant continued to drink 5 to 6 times the victim's face.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation, thereby damaging the victim's saves that require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

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

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing), which are advantageous to the reasons for suspended sentence;

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

2. Scope of the recommended sentence according to the sentencing guidelines (decision of types), violent crimes, assault crimes, types No. 4 (Bodily Aggravated Injury by Drivers) (Specially Aggravated Injury by Drivers): Mitigation factors: Minor injury [Determination of the recommended sphere] mitigation area [Scope of the recommendation sphere], ten months to two years; and

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and with prison labor for two years under a suspended sentence, the crime in this case was committed by the defendant by assaulting a victim who was operating a taxi, and the nature of the crime is not good;

However, the defendant's time to commit the crime of this case and reflects it, the defendant has no record of criminal punishment for the same kind of crime, the defendant's deposit one million won for the recovery of damage, and the defendant's economic situation will be old.