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(영문) 인천지방법원 2018.05.11 2018고합144
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2017, the Defendant: (a) 01:00 on the front of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon; (b) on December 1, 201, when the victim was boarding a cab operated by the victim D (40 taxes) on the front of the road, the Defendant saw the victim into his left hand and suffered approximately 10 times from the victim’s back water, knife, knife, knife, arms, etc., which require approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (to hear statements from victims and to submit prescriptions);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes of a prescription;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures and order to provide community service;

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

2. The prosecutor asserts that the scope of the recommended punishment on the sentencing guidelines [the type of punishment [the person causing assault to a driver] type 4 (the person causing assault to a driver] is an aggravated element, and thus, the prosecutor is a aggravated element that applies only to the type 1 (general assault) among the assault crimes in the sentencing guidelines. However, in the case of the class 4 (the person causing assault to a driver) already reflected in the category of the act, it does not constitute an additional special sentencing factor.

Measures to be mitigated: Imprisonment with prison labor for a period from May to two years [the scope of the revised punishment]; one year and six months to two years (the lowest limit of the punishment in law)

3. The crime of this case committed by the Defendant in the course of driving the taxi shall be deemed to have inflicted an injury by assaulting the taxi driver.

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