2017Gohap272 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers)

A

Park Jin-Jin-Jin (prosecution) and Kim Jong-Jin (Public trial)

Attorney B (Korean National Assembly)

April 20, 2017

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.

Criminal facts

On October 4, 2016, the Defendant was on board the taxi back of the victim C(64 years of age) operation in front of the 'marbial name of Songpa-gu Seoul, Songpa-gu, Seoul', and suffered injury, such as damage of the victim's head and arms, which was being driven by the Defendant's handphone on the front of Gwanak-gu, Seoul Special Metropolitan City, the head and arms of the victim who was driven by the Defendant's handphone on the road in front of Gwanak-gu, Seoul, and caused the victim to undergo approximately three weeks medical treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

Application of Statutes

1. Article applicable to criminal facts;

Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

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

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Violence Crime> Type 4 (Bodily Injury to Drivers)

【Special Convicted Persons】 Members not subject to punishment

[Recommendation and Scope of Recommendations] Reduction Area, 10 months to 2 years of imprisonment

[Scope of the revised Recommendations] Imprisonment of one year and six months (compliance with the lower limit of the applicable sentences under law) to two years

3. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence, acts of violence against the driver of a motor vehicle in operation as in this case, not only an illegal act against the driver's body, but also an act of threatening the safety of pedestrians, other vehicles, etc., and may lead to an accident of large-scale human life damage, which is highly likely to cause danger and criticism.

However, under the influence of alcohol, the Defendant has committed the instant crime with any previous conviction, without any previous conviction, recognized all of his own criminal acts, and divided his depth, and the victim is not wanting to be punished for the Defendant by mutual consent with the victim.

In addition, the defendant's age, character and conduct, environment, the circumstances and means of the crime of this case, and all of the sentencing conditions shown in the arguments of this case, such as circumstances after the crime, shall be determined as the order.

The presiding judge, the Kim Jong-dong

Judges Kim Gin-han

Judges Doi-ro