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(영문) 광주지방법원 2017.07.20 2017고단1615

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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

After drinking around 17:00 on March 22, 2017, the Defendant: (a) went on a private taxi in front of the filling station located in Gwangju Northern-gu, Gwangju (69 years old); (b) went to the Defendant’s house before the filling station located in Gwangju Northern-gu; and (c) came to the middle-distance road near Gwangju Northern-gu, and (d) came to go to a middle-distance road; and (b) went to seven times on the victim’s right face and back side, the Defendant carried out approximately three weeks of medical treatment on the right side of the victim.

Accordingly, the defendant assaulted the victim who is the driver of a vehicle in operation and caused the victim to suffer an injury.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The punishment as ordered is determined by taking account of the following circumstances: (a) the elderly victim, who is the driver of a vehicle running for the reason of sentencing under Article 62(1) of the Criminal Act, assaulting and injuring the elderly victim, thereby causing bodily harm; (b) confession and misunderstanding in depth; (c) contingent crimes in a state of prosperity; (d) agreement with the victim; (e) the fact that there was no criminal history prior to the instant case; and (e) the Defendant’s age, sex behavior, environment, family relationship; (e) motive and consequence of the crime; and (e) the circumstances constituting the conditions of sentencing as shown in the pleadings of the instant case.