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(영문) 춘천지방법원 강릉지원 2014.01.09 2013고합62

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2013, the Defendant, at around 23:00, abused on the road in front of the “Snungnam-dong, Schan Fra,” Scing C, a driver of a vehicle operating on the road in which the victim C (the victim C) was in operation, and expressed the victim’s desire on the alleyway near the “Seungnam-dong, Yeung-si,” at around 23:20 on the same day, and assaulted the victim, who was the driver of a vehicle operating the vehicle, by drinking twice the number of back water and twice the number of back water of the victim by drinking, and by neglecting the hand with his hand.

As a result, the Defendant caused the injury of the victim to the 14-day medical treatment, such as other fingers and fingers that need to be treated for 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) and (2) of the Criminal Act, Article 59 of the Act on Probation, Etc. (the scope of recommending punishment) is one year and six months to three years (the basic area among the four types of assault crimes) [the sentence] imprisonment with prison labor, one year and six months, and three years of suspended execution, as the crime in this case was committed by the defendant by assaulting the victim who operated a taxi without any particular reason, and thus, the nature of the crime is very poor.

In particular, violence against a driver of a vehicle in operation is a very dangerous act that may cause damage to many and unspecified persons by causing a traffic accident.

In addition, the Defendant committed the instant crime without being able to keep the records of being sentenced to 3 times of probation and 13 times of fine due to the crime of causing property damage, injury, etc.

Therefore, in order to prevent the defendant from committing a crime again, a strict punishment corresponding thereto is needed.

However, the defendant has committed a crime against himself.