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(영문) 제주지방법원 2015.05.21 2015고합20
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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2014, around 01:50, around 01:01, the Defendant: (a) boarded a cab operated by the Victim C (hereinafter “E tourist hotel”) in Jeju-si; (b) changed the destination in front of the “H Mt” located in G at Jeju-si; and (c) changed the destination to the Y Mt at Jeju-si, Han-si, the residence; and (d) made the victim’s desire to “to send back to the fring of this frings”; and (b) made the victim’s head head head head head head head head head head head head head part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Each investigation report and accompanying materials;

1. Photographss and receipts of damaged parts;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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. 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing (it is unreasonable to issue an order for compensation because the scope of the accused's liability for compensation is unclear) under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

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

2. Application of the sentencing criteria (determination of types) for violent crimes: Type 4 (Bodily Injury resulting from Violence by Drivers) - Reduction element: In the mitigated area of punishment [Determination of the recommended area] [Scope of the mitigated punishment] from 10 months to 2 years [Scope of the corrected recommended punishment] from 10 months [the scope of the corrected recommended punishment] from 6 months to 2 years (the lowest limit of the recommended punishment is lower than the minimum limit of the statutory applicable punishment, so the lowest limit of the applicable punishment set by law set the lowest limit of the applicable punishment).

3. Determination of sentence: Imprisonment for one and half years; and

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