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(영문) 의정부지방법원 2018.04.19 2017고합460

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2017, the Defendant: (a) was asked the victim C (66 years old) on the top of the D-si Station in Seoul, Jung-gu, Seoul; (b) was going to the front of the D-si Station and was going to the front of the Guri-si in the Guri-si in the Guri-si. However, on the ground that the victimized person does not stop the said cab, the Defendant saw the victim to stop the shot of the said cab by moving the shot of the said cab in his hand; and (c) caused the victim by plucking the parts of the victim’s arms and trees two times by hand, and causing the victim’s injuries, such as plucking and plucking the victim’s arms and trees, which require treatment for about 14 days.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to damaged photographs and written diagnosis of injury;

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 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 of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] the scope of the recommended punishment [the person who is in charge of special sentencing] class 4 (the scope of the recommended punishment and the scope of the recommended punishment], the area of mitigation [the scope of the corrected punishment], 10 months to 2 years [ the scope of the corrected punishment], one year and six months from one year and six months to two years (the lowest limit of the recommended punishment according to the sentencing guidelines is lower than the statutory minimum limit of the applicable punishment, so the applicable sentencing guidelines set forth in the law shall prevail).

3. The act of violence against the driver of a motor vehicle who is traveling along the same case in which the sentence is determined shall be the individual person.