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(영문) 수원지방법원 안산지원 2014.11.14 2014고합276
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, 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 April 11, 2014, around 21:25, the Defendant: (a) boarded a taxi driven by the victim C (5 years of age) in front of the housing site located in Ansan-si, Seoul-si, the Defendant: (b) laid the taxi and was passing ahead of the Gero High School located in the 15-gu, Ansan-si, Gosan-si; (c) laid the victim’s face on a drinking ground; (d) laid the victim’s face; (e) kneeping the victim and ske the victim; and (e) sustained the victim’s injury, such as the light salt, which requires approximately two weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. A written diagnosis of injury;

4. Application of each statute of photography;

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

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

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

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Violence crime group - Violence crime - Type 4 (Bodily Injury resulting from Violence against Drivers);

(b) Special penal persons: No penalty shall be imposed;

(c) Scope of recommending punishment: Imprisonment with prison labor for not less than 10 months to 2 years ( mitigated areas); and

(d) Scope of recommended sentences revised according to the range of applicable sentences: Imprisonment for one year and six months to two years (based on the lowest limit of sentencing range of applicable sentences); and

3. In this case, the decision of sentence shall not be deemed to have inflicted an injury on the victim who is a driver while getting on a taxi by assaulting the victim who is a driver, and the nature and circumstances of the crime are not good.

The criminal defendant's crime is likely to cause a traffic accident and cause another damage if it is erroneous, and there is a high possibility of social criticism.

Due to the criminal act of the defendant, the victim seems to have suffered considerable mental shock and pain in addition to physical damage.

In light of these points, the defendant's liability can not be considered to be light.

(b).

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