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(영문) 수원지방법원 2016.02.16 2015고합649

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

Reasons

Punishment of the crime

On October 4, 2015, the Defendant 22:15, on a D taxi driven by the victim C(62 years of age) at the near road of the early 2nd of the movie training distance, which is located on the road of 401 in Suwon-si, Suwon-si, Suwon-si, Suwon-si.

The defendant boarding the lower seat of the above taxi simply referred to as "a person of ex officio of war" without notifying his/her address, and the victim tried to operate his/her vehicle in the direction of Kimpo, once the defendant did not respond to the address anywhere.

During that time, the defendant, without any particular reason, laid down two times at the right side of the victim's face in operation, and continued to display the victim's face, who defended the defendant who is a drinking.

As a result, the Defendant abused a driver in operation and suffered injury that requires approximately four weeks of medical treatment, such as damage to arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. On-site photographs, victim photographs, black stuffs, video CDs;

1. Application of Acts and subordinate statutes of each investigation report (the list Nos. 8, 10)

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] No. 4 (Bodily Injury of Drivers) [the person who is in charge of special sentencing] mitigated area [the scope of the recommended punishment] mitigated area of imprisonment [the scope of the recommended punishment] between October and two years, and the scope of the compared sentence between the sentenced punishment and the recommended punishment: One year and six years.

3. The crime of this case committed by the defendant in operation is that the defendant inflicts an injury on a taxi driver.