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(영문) 창원지방법원 마산지원 2017.12.22 2017고합95
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 sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2017, at around 01:55, the Defendant boarded the victim C (65 years of age) in a D-business taxi that had been operated before the Vice Director of the 2nd bus terminal located in the Changwon-si, Masan-si, Masan-si.

In front of the same synthetic apartment 12-gil, 360, 12-ro, 1202, the Defendant, who saw the above taxi as the purpose of the Defendant, caused the victim to be able to pay the taxi fee, and the victim 112 reported the 112 report to the victim, and caused the victim to die with the police. The Defendant saw the victim her head and this part of the victim's body by drinking the victim's neck with his left arms.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation and inflicted injury on the victim of the climatic climatic clife that requires approximately two weeks of treatment, and caused damage to the clife influent clife of the clife, glaf, the head’s clife of the clife,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (related to attachment of a written agreement);

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria [the types of determination] and class 4 (Bodily Injury by Violence of Drivers): Reduction elements of punishment [the scope of recommendation]: Reduction area of punishment [the scope of punishment mitigated], 10 months to 2 years [ the scope of revised recommendation] 1 year and six months from June to two years (the lowest limit of the recommended punishment according to the sentencing criteria is lower than the minimum limit of the legal applicable sentences, so the lower limit of the recommended punishment according to the sentencing criteria is governed by the applicable applicable sentences under the Act).

3. The decision of sentence shall be in operation together with this case.

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