beta
(영문) 대전지방법원 천안지원 2018.04.04 2017고합274

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

The Defendant was aboard a victim C (56 years) and driving D taxi.

On June 28, 2017, around 15:38, the Defendant did not accurately speak “F” restaurant located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and did not make the destination accurately before the restaurant, while continuing to change the destination, the Defendant made the victim’s right eye, which is the driver of a motor vehicle operating with the cnife card, using a knife and knife the victim in need of approximately two weeks of medical treatment.

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. Application of the Acts and subordinate statutes to black stuffs images and photographs;

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 (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors for sentencing that are favorable

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Reduction elements of the recommended punishment according to the sentencing criteria (the scope of the recommended punishment) No. 4 (the determination of the area of recommendation and the scope of the recommended punishment) (the person who is in charge of special sentencing): Reduction areas of the punishment, reduction areas, 10 months to 2 years [the scope of the corrected punishment] imprisonment from one year and six months to two years (the lower limit of the sentencing range recommended by the sentencing guidelines is lower than the lower limit of the applicable sentencing range under the law, and therefore the lower limit of the applicable sentencing range under the law is set according to the law).

3. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence, the defendant assaulted the victim who is a driver of a motor vehicle in operation and caused injury.

This is a threat to the safety of pedestrians, other vehicles, etc. due to the risk of causing a traffic accident as well as infringing on the body of the victim.

On the other hand, the defendant misleads the defendant, reflects the defendant, has no history of criminal punishment, and agreed with the victim.

In addition to these circumstances, the age, sex, and environment of the defendant.