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(영문) 서울중앙지방법원 2018.03.28 2018고합114
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 sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2017, around 22:24, the Defendant was boarding the back of D taxi operated by the victim C (59) on the street in accordance with the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government order of 5-3 (59) and the victim was living in the direction of the Gyeonggi-gu Gyeonggi-gun, a destination, by asking his/her father's his/her wife's address to ask his/her wife's address, and the telephone call was defective, and the victim was "picker."

In making a bath with the statement of false speech, as soon as possible, the victim's left hand floor is 4 times off the side of the victim's right, and the victim's head and the right side was exceeded by the defendant's physicalization reported five times, resulting in the victim's injury, such as light salt, requiring approximately two weeks of treatment.

Accordingly, the defendant abused the driver of a vehicle in operation and inflicted an injury on him.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. 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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the punishment [the person who is in charge of special sentencing] class 4 (the scope of the recommended and recommended punishment] the exclusion area], the mitigated area of the punishment, the imprisonment for 10 months to 2 years (the scope of the corrected recommended punishment], one year and six months (compliance with the lowest limit of the punishment by law) or two years.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the suspension of the execution of two years, acts of violence against the driver of a motor vehicle in operation as in this case does not merely lead to an unlawful infringement on the driver's body, but also threatens the safety of pedestrians, other motor vehicles, etc., and may lead to an accident of large-scale human life damage.

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