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(영문) 울산지방법원 2019.06.05 2019고합94
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 7, 2019, when the Defendant was under the influence of alcohol on April 23:15, 2019, when he was boarding in the chief of the C-business taxi located in the south-gu Industrial tower operated by the injured party B (the age of 62) in front of the Ulsan-gu Industrial tower and moved to the Ulsan-gu apartment complex located in the destination. On the same day, around 23:39 of the same day, the Defendant: (a) was trying to unfold the safety bell and get off the said taxi into the two-lane, without any justifiable reason; (b) opened a chief door; (c) opened the victim’s face from the victim; and (d) opened the driver’s seat at the taxi in front of the Ulsan-gu Industrial tower; and (d) opened the driver’s body by drinking and launchinging the victim, and caused injury to the victim, such as cerebr-gu, without any open treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. An investigation report (Attachment to a photograph and a video reproduction CD by cutting a black box);

1. Application of the Act and subordinate statutes 1 CDs 6 copies of the injury diagnosis letter, caps, and one CD;

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 against the crime committed;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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] the scope of violent crimes [the Sentencing 4] the driver's bodily injury (the person who is a special person] mitigated elements of mitigation: Minor injury, non-won [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] imprisonment, one year and six months to two years (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, so the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. The instant crime of this case, which was sentenced to sentence, was committed by the Defendant by assaulting the victim who was operating a taxi.

The degree of violence is not easy, and these crimes are committed.

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