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(영문) 서울동부지방법원 2017.03.23 2017고합43

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

Reasons

Punishment of the crime

On January 24, 2017, the Defendant: (a) around 20:15, in the D-si of the victim C (the 61-year-old) who was operating a road near the road located in the Gu located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu; (b) on the ground that the Defendant was able to get off the victim and passed down on the Hando-lap of the road under the influence of alcohol; (c) the Defendant was able to put the victim’s face while driving the said taxi on drinking, and put the victim’s face on drinking, she was flick up to the original hicker where the victim was suffering; and (d) on the ground that the victim’s face and side flick up in a number of times, the Defendant inflicted injury on the victim, such as damage to the flick, which requires approximately two weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of the Doctrine SD Card for shots and booms video shots with clothes flazed by the person under consideration;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Reduction elements of the recommended punishment on the sentencing criteria [the scope of the recommended punishment [the type of determination] and the scope of the recommended punishment [the person causing violence to a driver] class 4 (the person causing violence): Reduction elements of punishment [the scope of the recommended punishment] mitigated area] [ the scope of the recommended punishment] from October to two years [the scope of the corrected recommended punishment] imprisonment for one year and six months (compliance with the lower limit of the statutory applicable punishment)] to two years.

3. 선고형의 결정: 징역 1년 6월, 집행유예 3년 피고인은 택시를 운행 중인 피해자를 술에 만취한 상태에서 주먹과 발로 때리고 걷어찼으며, 소지하고 있던 라이터로 피해자의 오리털 점퍼에 불을 놓으려 하여 그 점퍼가 일부 타 기도 하였다.

This is a vehicle in operation.