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(영문) 서울중앙지방법원 2013.04.04 2012고합1679
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of 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 October 17, 2012, at around 23:55, the Defendant: (a) was boarding the back seat of D taxi driven by the victim C (year 4) in front of the Newcheon Station in Songpa-gu Seoul, Songpa-gu, Seoul; (b) was placed in front of the Korean Intellectual Property Office located in 647, Gangnam-gu, Seoul, the Defendant was able to take back the back head of the victim’s back head; (c) was frighting the face; (d) was frighting the face; (d) was frighting the face; (e) was frighting the back head; (e) was frighting the head; (e) was frighting the head; and (e) was frighting the face with the face that requires treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to an investigation report (Submission of a medical certificate for an injury), the medical certificate for an injury, and photographs of injured parts;

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 (Discretionary Reasons for discretionary mitigation)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of recommendations according to the sentencing guidelines [type] used to commit violence. Violence. Injury by drivers - Type 4 [Determination on the recommended sphere]: Special mitigation factors in the mitigation area: Minor injury and non-exclusive punishment [Extent of recommendation] to 10 months or 2 years; and

2. In light of the fact that the Defendant: (a) committed a crime that may cause direct damage to the victim by assaulting the victim who is driving a taxi and causing injury to the victim; and (b) furthermore, constitutes a crime that may lead to a larger risk of infringing another driver’s life, body, etc., the Defendant should severely punish him/her on the ground that his/her liability for the crime is not easy; (b) however, the Defendant appears to have committed the instant crime by contingency while under the influence of alcohol, and is against his/her mistake

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