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(영문) 춘천지방법원 강릉지원 2015.11.12 2015고합61
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 April 20, 2013, the Defendant: (a) on April 20, 2013, around 04:15, 2013, the Defendant: (b) taken a passenger from the head of the Suwon-dong, Suwon-dong, Busan, as a customer, and arrived at the Guro-si, the destination of the Defendant, and (c) brought the victim back again to Ulsan-gun, Ulsan-gun, but the victim would receive more charges; (d) the Defendant demanded the victim to set up a taxi on the roadside-dong, and (e) the Defendant expressed the victim’s desire to “Isle-do, Isle-do, Isle-do, Isle-do, Isle-do, Isle-do, Is the victim’s back water with the hand-on.

Therefore, while the victim gets her while driving the above taxi at the police box, the victim proceeded with the franc scam of the funeral-Eup, and the defendant again scamed about five times again by drinking the victim's back water and the scam and head.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation, and suffered injury to the victim, such as the inside and outside of the left-hand side of the 2-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Recording recording recording and reporting;

1. Photographs of victims and vehicles;

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

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 law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Application of the sentencing guidelines [Determination of types] - Types 4 (Bodily Harm resulting from Violence to Drivers) - Reduction element: Minor injury, Non-Supporting of Punishment (Determination of Recommendation Area): Imprisonment with prison labor for 5-2 years [Scope of Recommendations] / Imprisonment for 1 year and 6-2 years [whether suspended sentence is suspended] - Main reasons for major participation: Insignificant injury, non-influence of punishment.

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