(영문) 서울중앙지방법원 2013.05.03 2013고합220

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(영문) 서울중앙지방법원 2013.05.03 2013고합220

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2012, the Defendant: around 03:30 on February 19, 2012, the Defendant: (a) boarded the head of the victim’s head car in front of the Yongsan-gu Seoul Metropolitan Government 657 Net-ro Hospital; (b) caused the victim to drive the victim on the same day by having the victim take a knife at a speed of about 40km at the speed of about 50km in Gangnam-gu, Seoul; and (c) caused the victim to take a knife at the speed of about 40km in the speed of the Si-gu, Gangnam-gu, Seoul; and (d) caused the victim to take a knife at a speed of about 50km; and (e) caused the victim to take a knife at the speed of 657 knife Hospital; and (e) caused the victim to take a knife at the right side of the victim at around 7 times; and (e) caused the victim to receive the victim on the same day 50-day.

Accordingly, the Defendant assaulted the victim, who is the driver of the vehicle in operation as above, and thereby caused the victim to suffer approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Written estimate of general repair expenses;

1. Application of comprehensive specifications of operation and tax receipt Acts and subordinate statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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 (referring to the following sentencing grounds, which are favorable to the criteria for recommending the suspension of execution in accordance with the sentencing guidelines);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one year and six months to fifteen years; and

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for not less than 10 months nor more than 2 years.

(a)..

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제2항

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