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(영문) 서울동부지방법원 2016.05.20 2016고합88

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

Criminal facts

On January 18, 2016, around 22:10, the Defendant: (a) was going to the direction of Gangnam-gu along the west of the victim C (57 years of age) in the vicinity of the bend of Gangdong-gu Seoul Metropolitan Government, and (b) was under the direction of the victim, “I am ? ? ? ? ? ? ? ? ? ? ? ’ ? ? ? ? ’ ? ? ? ’ ? ? ’ ? ? ? ’ ? ’ ? ’ ? ’ ? ? ? ’ ’ ? ’ ? ’ ? ’

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and caused the victim to be sprinked with salt, tensions, shoulder, and sprinke in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs (fluoring a black stuffe image);

1. Application of Acts and subordinate statutes to medical certificates;

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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount (the following favorable circumstances required for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) and (2) of the Criminal Act, the proviso to Article 62-2 of the Social Service Order Act, and Article 59 of the Act on the Observation, etc. of Protection;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended punishment on the sentencing criteria: One and half years from six months to two years (the lowest limit of the sentencing period recommended by the sentencing guidelines is lower than the statutory applicable sentencing period, and thus the applicable sentencing period is lower than the statutory applicable sentencing period), in the event that the four types of assault crimes (the person causing violence) [the elements of mitigation of punishment (including serious efforts to recover damage) or considerable damage has been restored (the scope of the recommended punishment, the scope of the recommended punishment), in the area of mitigation of punishment, in the area of imprisonment, in the range of ten months to two years [the scope of the corrected punishment]. One year and six months from six months to two years (the lowest limit of the sentencing period recommended by the sentencing criteria is lower than the statutory applicable sentencing period).

3. Circumstances unfavorable to a decision of sentence: The instant crime shall be committed by assaulting the driver of a motor vehicle in operation;