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(영문) 서울북부지방법원 2014.02.07 2013고합401

폭행등

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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2013, at around 23:49, the Defendant used the victim C's cab in the vicinity of the Dong Burial Station in Jongno-gu Seoul, Jongno-gu, Seoul, and used the victim C's cab in the area of the 60-year-old Myeon, the destination of which is the front seat, and used the victim's right shoulder, and used the victim's neck, the face of which is the front seat, and the Defendant used the neck.

As such, the Defendant assaulted the victim in taxi operation and caused the victim to be injured by pressure pressure, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disability under the influence of alcohol at the time of the crime in this case. However, according to each evidence duly adopted by the court and the investigation completed, the defendant is deemed to have suffered a little amount of alcohol at the time of the crime in this case, but it cannot be deemed that the defendant lacks the ability to discern things or make decisions. Thus, the above assertion is rejected.

Reasons for sentencing

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

2. The range of recommended sentences according to the sentencing guidelines [decision of types] violent crimes, assault crimes, Type 4 (Bodily Injury by Drivers) (Special Assaults): Insignificant injury, non-influence of punishment [the scope of recommended sentencing] special mitigation area, five months to two years [the scope of corrected recommended punishment] imprisonment, one year and six months to two years.