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(영문) 인천지방법원 2015.08.27 2014고합899
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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2014, at around 01:25, the Defendant stated that “I am h, h, h, h, and k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k's k'

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs of damaged parts;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [Determination of type] for violence crime of category 4 (Aggravated Injury by Drivers): In case of minor injury, failure to punish (including serious efforts to recover damage), or recovery of considerable damage [a general person] mitigation area: In case where serious injury, failure to punish (including serious efforts to recover damage): Voluntary reflect [a] mitigation area: Imprisonment with prison labor for up to 5 months - 2 years (whether to suspend execution of sentence] major reasons for special mitigation: - In case of minor injury, failure to punish (including serious efforts to recover damage): There is no positive contingency, serious reflection, suspension of execution of sentence or more criminal records.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and two years of a suspended sentence, the defendant abused a driver while boarding a taxi, and inflicted injury on him; and

This goes beyond the danger and injury to drivers.

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