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(영문) 창원지방법원 마산지원 2019.10.11 2019고합70
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

On July 28, 2019, at around 20:19, the Defendant: (a) boarded the victim C (age 48) taxi near Changwon-si B; (b) demanded the victim, who stopped in the signal atmosphere near the Musan-dong, Musan-dong, to set up his own car; and (c) expressed the victim’s desire to stop on the side in the front side of “F” located in Musan-dong E; and (d) 10 times the victim’s arms and shoulder while driving the driver’s seat blue blue, which requires approximately two weeks of treatment.

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. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to submission of a medical certificate for a victim);

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

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's bodily injury (the person who is a special person): the mitigated elements of mitigation: Minor injury, non-influence [the scope of the recommended area and the recommended punishment] special mitigation area, five months to two years [the scope of the recommended punishment corrected according to the applicable sentencing] sentenced to imprisonment for one year and six months through two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing range is applicable according to the law).

3. The defendant who has made a decision to sentence sentence shall assault a victim who is in the taxi to injure him/her, and the liability for such crime shall not be applied to such case.

However, the defendant recognizes and reflects his mistake, and the victim wishes to punish the defendant.

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