logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.06.28 2013고합97
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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

1. Around 18:00 on January 26, 2013, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) inflicted injury on the victim’s grandchildren while driving a D taxi that the victim C is driving in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, on the ground that the taxi was under the direction of his/her own desire, and that the taxi was not going to go to the direction of his/her own needs to be treated for about 10 days.

2. The Defendant destroyed and damaged property by taking off dynasium and taxi operation certificate in which the price of the victim E corporation installed in the taxi for the foregoing reasons at the above temporary location is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a photograph of destruction or injury;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of causing bodily injury resulting from violence to a driver: The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the

(b) Point of destruction: Article 366 (Selection of Imprisonment or Imprisonment)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of adding up the long-term punishments of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act (Special Considerations for the Reasons for Sentencing

1. The reason for sentencing under Article 62 (1) of the Criminal Act, which is favorable to the defendant, shall be the reason for suspended sentence;

1. Sentencing criteria;

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of Punishment, etc. of Specific Crimes) (Determination of Punishment, etc. of Specific Crimes) by assault against a driver: Minor injury or bodily injury [Special Egressor] mitigated elements: Imprisonment with prison labor for not less than five months from five months to two years (special mitigation areas) (the scope of recommendation), and one year and six months from six months to two years.

arrow