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(영문) 대전지방법원 2014.10.08 2014고합126

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for not less than 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

On March 3, 2014, at around 00:18, the Defendant took a F taxi operated by the victim E (year 56) in front of Seo-gu Daejeon, Seo-gu, Daejeon, and went back to the way for the victim who was driven in front of the Daejeon Dong-gu, and was driving in front of the Daejeon Dong-gu, the Defendant took back the back head of the victim one time by the coffee and the cup ice, which caused the victim to rapidly live, and caused the victim to face the chest of the victim.

As a result, the Defendant abused the driver of a vehicle in operation, thereby resulting in the victim's loss of 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of related Acts and subordinate statutes;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. Application of the sentencing criteria [Scope of Recommendation] Violence and Injury (Type 4) caused by assault by a driver (type 4): - Insignificant injury, non-influence of punishment - None of increased factors: Imprisonment with prison labor for not less than five months to two years (the minimum sentence of recommendation shall be mitigated by up to 1/2 as it falls under the cases where not less than two special mitigations exist).

3. Determination of sentence: One and half years of imprisonment, and two years of suspended execution are crimes committed by assaulting the driver of a vehicle in operation and causing danger to traffic, such as causing additional accidents, considering the nature of such crimes, etc., the criminal defendant needs to be punished with strict punishment.

However, the fact that the defendant recognizes his crime and reflects it;