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(영문) 수원지방법원안양지원 2020.11.27 2020고합130
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

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

At around 19:40 on July 2, 2020, the Defendant discovered that the victim D (the age of 58) who is not good between the people is moving from the EM5 car on the front side of the Sinan-gu B building in Gyeyang-gu, Annyang-gu, Annyang-si, Annyang-si, and stated that “SM5 vehicle hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand hand over the above vehicle, kne kne, and knife the face of the victim two times.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the victim to suffer approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment to a photograph of the damaged part of the victim), a criminal investigation report (Submission of a diagnosis report on injury of the victim), and a criminal investigation report (Attachment to a cell phone image accompanied by a

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 consideration shall be repeated in favor of the reasons for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of punishment] the driver's injury [the type 4] the element of mitigation of punishment (including a serious effort to recover damage] or considerable damage therefrom (the scope of the recommended area and the recommended punishment] mitigated area, ten months to two years [the scope of the recommended punishment corrected by the applicable sentencing] sentenced to imprisonment for one year and six months and two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the sentencing range of the recommended by the sentencing guidelines differs from the applicable sentencing range in law, so the applicable sentencing range in law is set at the lowest limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for a period of two years and suspension of execution for a period of three years;

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