logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2013.11.07 2013고합204
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2013, at around 02:35, the Defendant spited spit on the taxi bed while getting on the back seat of the Eststststy other taxi driven by the victim D(53 years of age).

Accordingly, the Defendant suffered injury to the victim, such as damage of the head part requiring treatment for about two weeks in consideration of the back head and face of the victim who is driving in his/her hand, with the victim's flasium, "the flasium flasium and flasium flasium flasium flasium".

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to D and F;

1. A written statement of the G production;

1. A written diagnosis of injury;

1. Application of statutes on images of on-site photographs;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for affirmative judgment among the following grounds):

1. Reasons for sentencing (the decision of a sentence) under Article 62(1) of the Criminal Act (the grounds for conviction among the reasons for sentencing below) of the suspended sentence

3. A assault crime;

4. Injury by assault against a driver (special person): Minor injury, non-conformity of punishment (decision on the recommended area): Special mitigation area (limited to five months of imprisonment or more or two years of imprisonment), - The mitigation element (whether or not to suspend execution of imprisonment): The serious reflect [whether or not to suspend execution of sentence] - The main commitment element (self-defence): No minor injury, criminal punishment, no penalty amount, - The general participation reason (unlawful): Where the driver of a motor vehicle in operation is a victim, - The reason for general participation is clear social relation, contingent crimes, and serious reflects.

arrow