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(영문) 춘천지방법원 2013.08.20 2013고합68
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 became final and conclusive.

Reasons

Criminal facts

On March 30, 2013, the Defendant: (a) committed assault to the victim, such as knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knife knif

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the case-related photograph, written diagnosis of injury, and report of investigation (the content of inspection direction);

1. The former part of Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed with respect to the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] shall be the scope of the recommended punishment according to the sentencing guidelines for assault and bodily injury [the person who has been specially punished] the driver's injury [the scope of the recommended punishment] / the minor injury (the scope of the recommended punishment] / the imprisonment from 10 months to 2 years [the general person] no criminal punishment (the scope of the corrected recommended punishment] / the imprisonment from 1 year and 6 months to 2 years (the subordinate punishment shall be governed by the law applicable).

3. The Defendant, even around 2009, was subject to a disposition of suspension of indictment on charges of assaulting a taxi engineer during his/her operation. In this case, in that the instant case, the Defendant committed a second traffic accident by assaulting a bus driver on board his/her passengers and causing potential risks due to the second traffic accident, the nature of the relevant crime is not easy.

However, there is no record of criminal punishment, an agreement with the victim, the injury of the victim is relatively less severe, and the age and age of the defendant are shown.

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