beta
(영문) 인천지방법원 2014.05.14 2014고합90

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 February 1, 2014, at around 02:30, the Defendant, while boarding a D taxi operated by the victim C(35 years of age) on the front of the department store, was in dispute with the taxi rate, and was in the hands of the victim's face one time, suffered an inner part of the part requiring treatment for about seven days.

Accordingly, the defendant abused the victim who is a driver of a vehicle in operation and suffered an injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A photograph of damaged part of the victim;

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

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 mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are favorable to the defendant has been repeated);

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the group of violent crimes, assault crimes, Type IV (Bodily Injury to Drivers): Insignificant injury, non-Mitigation of punishment [the scope of recommending punishment] mitigated area, five months of imprisonment or two years (the lowest limit of the sentencing range recommended in the sentencing guidelines shall be mitigated by up to 1/2 because only two special mitigation persons exist) (the scope of corrected recommended punishment shall be mitigated by up to 1/2) [the scope of corrected recommended punishment] Imprisonment with prison labor from 1 year and 6 months to 2 years (the lowest limit of the applicable punishment under the law]; and

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a year of suspended execution for a period of two years is an act of assaulting a victim who was driving a taxi while on board a taxi and causing injury to such victim, and an act of assaulting a driver of a vehicle in operation is in itself a highly dangerous act that may cause a traffic accident and cause serious damage to the life, body, or property of a third party.

However, this case.