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(영문) 수원지방법원 평택지원 2020.05.15 2020고합36
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 December 25, 2019, at around 20:24, the Defendant demanded a change in the course of the victim B (the age of 32) who was a substitute driver on the national highway No. 38 of Andogri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (the age of 32). On two occasions, the victim's face to the right side of the victim due to his own drinking. When the victim delivers the cell phone connected with the Defendant's scam, the victim's face was about 5-6 times by hand with the cell phone. In order to report the damage, the victim continued to drive the vehicle while driving the vehicle in the direction of the scamba-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation and inflicted an injury on him.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of the Act and subordinate statutes to screen the vehicle of the defendant vehicle acting on behalf of the defendant vehicle, photograph of the victim immediately after damage, and report on investigation (to listen to telephone conversations);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 guidelines [the decision of types] violence crime [the 4th category] driver's bodily injury [the person who is a special person] mitigation element: minor injury (the 2 and 4th category), penalty not (including serious efforts to recover damage) or considerable damage (the scope of the recommended area and the recommended punishment] special mitigation area, 5 to 2 years [the range of recommended punishment revised according to the sentencing guidelines] imprisonment from 186 months to 2 years (the minimum limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable sentencing range).

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