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(영문) 창원지방법원 진주지원 2016.03.31 2015고합164
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2015, the Defendant: (a) 23:20 around 23:20, while getting on and moving from the top of the steering line of the Fststy Gun operated by the taxi engineer E (44 years) in front of Sacheon-si, the Defendant: (b) taken a mobile phone before the H-si located in the same city; (c) laid the cell phone in front of the H-si in the same city; and (d) laid down the fingers by the drafting of the damaged person; and (d) laid down the fingers into the drafting of the damaged person; and (e) took the part in the mouth that requires approximately two-day medical treatment for the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report accompanied by a letter of commission for appraisal, etc., a duplicate confirmation, and a letter of commission for appraisal;

1. Application of statutes on site photographs;

1. The former part of Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing guidelines [the types of determination] and class 4 (the person causing violence to a driver): No such factors as minor injury or aggravation of punishment: No such factors as minor aggravation of punishment: From May to two years [the scope of the corrected punishment] from June to six years [the scope of the corrected punishment] from June to two years (the minimum limit of the recommended punishment is lower than the statutory minimum limit of the applicable sentencing, and the lower limit of the punishment is set the legal minimum limit of the applicable sentencing).

3. Determination of sentence: A crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of drivers) for one year and six months of imprisonment with prison labor or for three years of suspended execution is a crime that may cause a traffic accident and inflict a serious loss on life, body or property of a third party;

The defendant.

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