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(영문) 인천지방법원 2014.07.09 2014고합208
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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

1. On March 25, 2014, at around 16:40 on March 25, 2014, the Defendant: (a) d company E-si operated by C while under the influence of alcohol in front of the stone market located in the Southern-gu Incheon Metropolitan City Twit-dong, and continued to take the transportation card terminal on his hand, and removed the transportation card terminal on his front line, thereby damaging the victim D company’s 400,000 won for repair.

2. From March 25, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) inflicted injury on the victim C (the age of 58) who is operated by the transportation card terminal removed as above in the above taxi on the face, hair, loss, etc., leading the victim to a multiple-time medical treatment for three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury and written estimate;

1. On-site photographs, fluor photographs, damaged photographs, damaged photographs, and fluor images (including voice) of black stays;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident or a report on investigation (Evidence List 11,13);

1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act concerning criminal facts and Article 5-10 (2) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Specific Crimes, within the scope of adding up the long-term punishments of the above two crimes), and

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are favorable to the defendant has been repeated);

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

2. Scope of recommended sentences according to the sentencing criteria;

(a)basic crimes -.

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