2017 Highly 679 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

A

Kim Jong-chul (prosecutions) and chip (public trial)

Attorney B (Korean National Assembly)

September 29, 2017

A defendant shall be punished by imprisonment for a term of one year and eight months.

Criminal facts

around 12:35 on June 21, 2017, the Defendant was on board the 1117-year head of the Korea National Security Center (the 68-year-old) around the 117-year-old Police Center and was in front of the Seocho-gu Seoul National Educational University at approximately 1.7km, Seocho-ro, Seocho-gu, Seoul, Seoul, the Defendant: (a) made the victim’s address available to enter a specific destination into the NA, and she she she she she she she she she she shes, she she shes, she shes, shes shes, shes shes, shes shes, shes shes her, shes shes her, shes shes her, shes shes shes her, shes shes her, shes shes shes her face at approximately 60.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and F;

1. 112 Reporting statement, victim's photograph;

1. A medical certificate;

[Defendant asserts that there was no assault against a victim inside a taxi in operation, and only assaulted during the process of spreading the victim who demanded and attached a taxi fee after getting down the taxi. However, the following facts and circumstances acknowledged by this court, including the above evidence, are comprehensively taken into account: ① the victim directly reported the 112-report of the taxi after having set the taxi at the corner of the Seoul Bridge; ② the point at which the taxi stops is located is adjacent to the private-distance crosswalk; ② the point at which the taxi stops is located is near the private-distance crosswalk; ③ the passage of the walk and the vehicle is likely to lead to an accident; ③ the defendant unilaterally assaults and unilaterally assaults the victim after getting out of the taxi even after the victim gets out of the taxi; etc.

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 (The following consideration for the reasons for sentencing):

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 Group, Violence Crime, Type 4 (Bodily Injury resulting from Violence against Drivers)

[Special Mitigation] Minor Injury

[Scope of Recommendation] Imprisonment of 10 months to 2 years (Basic Area)

3. Determination of sentence;

The crime of this case was committed by the taxi passengers, who walked as a minor day, and were faced with the wound in the city, and the victim committed several assaults to drinking and drinking even after getting off from the train in order to escape the situation, and the crime was committed in bad quality and criminal conditions. The defendant committed a second offense during the period of suspension of execution, even though he was sentenced to a one-year imprisonment for special injury before the lapse of one year, and was sentenced to a second year of suspension of execution during the period of suspension of execution, and it is inevitable to punish a considerable period of suspension of execution due to no damage recovery at all.

However, there are favorable circumstances such as the fact that the defendant committed contingent crimes in the state of master, that the degree of injury suffered by the victim is not much serious, and that the sentence of the suspended sentence is being invalidated and suspended, one-year imprisonment should be imposed.

In addition, considering the various circumstances shown in the records and pleadings, such as the age, character, conduct and environment of the accused, motive and consequence of the crime, relationship with the victim, circumstances after the crime, etc., the sentence identical to the order shall be determined within the scope of recommended sentencing criteria.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index