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(영문) 광주지방법원 목포지원 2017.01.26 2016고합115
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2016, the Defendant: (a) was an apartment on the Yanpo-gun’s front of the Yanpo-gun’s front of the 203-ro 203-o, in front of the Yanpo-si, the Defendant was boarding the back seat of the victim C (the 50-year-old) with the back seat of the victim C (the 50-year-old) and going to the front of the Yan-si, the 13-ro, Gapo-si, the Mapo-si, the Mapo-si, the Mapo-si, the Mapo-si, the Mapo-si, the Mapo-si, the Republic of Korea,

In the misunderstanding of the victim’s “Chewing,” where the victim does so.

In food, the victim suffered bodily injury, such as the influence at the face of the victim, in three times at the right end of the victim, and the victim was in need of approximately two weeks of treatment, such as the influence.

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. A protocol concerning the interrogation of suspect C by the police;

1. Each investigation report (as to the submission of an injury diagnosis report, a report on the confirmation of black stuffs images) legislation shall apply;

1. Article 5-10 (2) and (1) 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act for the observation of protection and community service order;

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

2. Application of the sentencing criteria [types] The injury (type 4) caused by assault by a driver (person with special sentencing): Reduction elements: Imprisonment with prison labor for 10 months to 2 years (the scope of recommended punishment).

3. Determination of sentence: Imprisonment with prison labor for 2 years and suspended execution for 4 years; the crime of this case committed by the defendant by assaulting a taxi article in operation; the crime of this case is deemed to have been committed by the defendant due to large accidents; and the crime of this case is highly likely to cause harm to the lives and property of many and unspecified persons; and the defendant is not guilty.

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