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(영문) 의정부지방법원 고양지원 2015.10.29 2015고단1821
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 23:20 on April 30, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers) (hereinafter “Aggravated Punishment, etc.”) committed two times as damages by the victim who was driving on the C cab operated by the victim B (the age of 60) while getting in and getting in the C cab operated by the victim B (the age of 60).

2. At around 23:30 on the same day, the injured Defendant saw the victim's finger in front of the Goyang-gu Goyang-gu Goyang-gu Goyang-si, the victim left the taxi after stopping, and obstructed the victim's face by following the victim, and placed the victim's fingers in the mouth requiring about four weeks of treatment due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 257 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

2. Application of the sentencing criteria;

(a) When he/she assaults a driver of a motor vehicle running on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Determination of type), violent crime, assault crime, general assault (type 1) (type 1) (aggravated Punishment), (aggravated Punishment, etc. of Specific Crimes) (aggravated Punishment, etc. of Specific Crimes) (aggravated Punishment, etc.)

(b) No crime of injury (determination of type), general injury, and general injury (type 1) (a person with a special injury) (a person with a special injury) (a person with a liberty of punishment), basic area, April 1, and June 1.

(c) Scope of recommendations to deal with multiple crimes: Imprisonment with prison labor for not less than four months and two years;

3. Determination of sentence: Imprisonment with prison labor for not less than two years, a stay of execution, etc.;

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