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(영문) 광주지방법원 2014.04.04 2014고합22
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 became final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on January 17, 2014, the Defendant boarded the back seat of the Fststynael driven by the victim E (year 51) before the D Securities in Gwangju-dong-gu, Gwangju-gu, and went back to the back seat of the victim, and went back to the road of the victim on one hand, and went back to the victim on several occasions with another hand, and put about approximately two weeks of treatment to the victim, such as a tree, head, right shoulder, etc.

Accordingly, the defendant abused the driver of a vehicle in operation and caused the injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. Scope of the recommended sentencing criteria: Imprisonment with prison labor for a year and six months to two years (decision of a type), violent crime group, violence crime group, minor injury [decision of the recommended field] mitigated area (decision of the recommended area] mitigated area [the scope of the recommended area] one year and six months to two years (the imprisonment with labor for a period of ten months, which is the lowest limit of the sentencing criteria set forth in the sentencing criteria, is lower than the minimum limit of the applicable sentencing range set by the law, and therefore the minimum limit of the applicable sentencing range set by the law shall apply).

3. Determination of sentence: One year and six months of imprisonment with prison labor, and three years of suspended execution are the instant crime committed against the driver of a vehicle in operation, resulting in an injury to the driver of a vehicle in operation, which constitutes a very dangerous act that causes a traffic accident beyond infringement on the victim’s personal interests and is likely to cause damage to many and unspecified persons, and the nature of the crime is bad, and the victim wishes to punish the defendant, etc. is an element of sentencing unfavorable

On the other hand, the injury of the victim is relatively minor.

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