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(영문) 대구지방법원 안동지원 2015.12.10 2015고합57

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

Reasons

Punishment of the crime

On June 7, 2015, the Defendant was driving at the back seat of D-si 101, which is driven by the victim C(the age of 65) in front of the Southern Seoul Food Service (the age of 165) at a time of permanent residence around 32,00,00 a.m. 22:20 permanent residence. On June 7, 2015, the Defendant took the victim's face at one time while taking the victim's bath without any reason.

As a result, the defendant injured the victim, who is the driver of a vehicle in operation, about 14 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation;

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 against the relevant criminal facts;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. Scope of sentence according to the sentencing guidelines (determination of type), violent crimes, assault crimes, Type 4 (Bodily Injury by Drivers) (Specially Bodily Aggravated Punishment): Reduction area of punishment [the scope of recommending punishment] mitigation area, reduction area of punishment], imprisonment with prison labor for not less than 10 months and not more than 2 years (the scope of revised recommended punishment] and imprisonment for not less than one year and six months and not more than two years (the lowest limit of sentencing range recommended by the sentencing guidelines is lower than the statutory minimum limit of applicable sentences, therefore the applicable sentencing range in law shall prevail);

3. Determination of sentence: A year and six months of the suspension of the execution of one year and six months, the defendant, who is a taxi driver, suffered bodily injury without any justifiable reason, is not guilty of the defendant's liability in light of the following: (a) the nature of the crime is inferior; (b) the assaulting of the driver of a vehicle in operation may cause other harm to human life; and (c) the risk may cause serious danger.

However, the defendant recognized the crime of this case, and himself.