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(영문) 의정부지방법원 2020.06.11 2020고합91

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by imprisonment for a term of 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

At around 01:10 on February 16, 2020, the Defendant: (a) boarded a D taxi operated by the victim C (the age of 38) on the front of the B apartment on the roads of Gyeonggi-si, Gyeonggi-si; (b) moved to the winter-do road along the winter-line; (c) around 01:17 on the same day, the Defendant saw the victim’s claim that the Defendant was able to take the back of the back seat of the said taxi on the roads of the Dong-si, the front of the Government City of Gyeonggi-si, and caused the victim’s injury to the victim, by assaulting the victim on the upper part of the part of the said taxi at one time, and causing the victim’s injury to the victim, such as taking the victim’s neck at one time, and taking the victim’s neck, and taking the victim’s injury at three weeks on the back seat of the said taxi.

Accordingly, the defendant abused the driver of a vehicle in operation and suffered an injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to damaged parts of photographs and written diagnosis of injury;

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 discretionary mitigation;

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

1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the punishment [the scope of the recommended punishment] the driver's injury [the type 4] the elements of mitigation of punishment (including a serious effort for recovery of damage] or considerable damage therefrom (the scope of the recommended punishment and the scope of the recommended punishment] mitigation area, the imprisonment from 10 months to 2 years [ the scope of the recommended punishment revised according to the applicable sentencing] sentenced to 1 year and 6 months to 2 years (the lowest limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the statutory minimum limit of the applicable punishment).

3. Determination of sentence: One year and six months, and two years of a suspended sentence, the defendant shall be a taxi driver;