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(영문) 인천지방법원 2018.02.22 2017고합714
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On June 13, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Chuncheon District Court, and completed the execution of the said sentence on October 20, 2014.

[2] On October 11, 2017, around 03:00, the Defendant: (a) boarded the victim E (65 years old) to F taxi in the vicinity of Seo-gu Incheon, Seo-gu; (b) brought the victim E (65 years old); (c) brought the H hall located in G located in G located in the destination; (d) brought the victim into a parked taxi again; (c) upon the victim’s request for a taxi fee, she took the victim’s face as his/her hand and 3 times; and (d) continued to take the victim’s head on three occasions as he/she gets from the earth to file a report thereon.

As a result, the Defendant assaulted the victim who is a driver of a vehicle in operation and inflicted injury on brain-dead sugar, etc., which does not have any wound in two open areas for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A medical certificate;

1. Records of judgment: Application of inquiry letter, such as criminal history, and criminal investigation report (related to repeated crimes) to the prosecutor's office;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

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

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the punishment [the scope of the punishment [the scope of the recommended area and the scope of the punishment] for the same type repeated crime [the person subject to a special aggravated punishment], two years to four years, respectively.

3. Determination of sentence: The crime of this case for 2 years of imprisonment is a dangerous crime that may cause a large damage to life, body or property of many and unspecified persons as well as the victim.

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