beta
(영문) 수원지방법원 2013.09.05 2013고합467

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on June 26, 2013, the Defendant saw the victim D (the age of 51) to get in the EYFIS private taxi, which was operated by the victim D (the age of 51) on the front of the Suwon-gu Suwon-si C apartment on the road, but it was found that the victim was unable to operate the taxi only within the Suwon-si and caused the victim to not operate the taxi up to the Ansan-si. However, it was found that the victim was unable to operate the taxi up to the Ansan-si, and that the victim was "weet the same thing." The Defendant saw the victim's inside part of the victim who was operating the said taxi up to the Fgi-gu 20 times as food.

As a result, the Defendant suffered from the injury of climatic salt, etc., which requires two weeks of medical treatment at the time of the victim, who is the driver of the vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A medical certificate for the preparation of a medical doctor G, and a medical certificate for the preparation of a medical doctor H;

1. Application of Acts and subordinate statutes concerning the submission of photographs of victims, investigation reports (related to the verification of taxi black images), black stuffs images, and photographs and investigation reports (related to the submission of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Imprisonment with prison labor for not less than one year and six months to 15 years; and

2. The scope of sentence according to the sentencing guidelines [decision of types] the group of violent crimes, assault crimes, and types No. 4 [Special Aggravation of Violence by Drivers]: A mitigated element: A minor injury (the scope of sentence recommendation]: imprisonment for 10 months or more to 2 years (aggravated mitigation area] imprisonment for a period of 10 months or more, 1 year or 6 months to 2 years [a minimum of the scope of sentence (10 months) is lower than the applicable minimum (1 year and 6 months), the minimum of sentence shall be determined by the applicable minimum of sentence] [a positive reason for suspension of execution] minor injury and social relation clearly.

3. Sentence;