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(영문) 수원지방법원 안양지원 2020.02.14 2019고합182
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

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 July 23, 2019, around 00:01, the Defendant, within a taxi driven by the victim B (Namnam, 72 years of age) who was parked in the king-ro 29 (Gangdong) and on the Syll apartment street, expressed that the victim was at the destination of the Defendant who was seated, and expressed the victim’s desire to “I am, I am at house, I am, I am at home, and I am am at home, I saw the victim’s face when I am at around two weeks of the victim’s face.”

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A medical certificate of injury, and a written opinion;

1. Images of CCTV images (one CD);

1. The application of the Acts and subordinate statutes to photographs of damaged parts of each victim, and the 112 Reporting Case List (Case Number 17);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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 (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for one year and six months to two years (the determination of a type), types of assault crimes (the person causing violence to a driver), mitigation elements (the person causing harm to a driver), mitigation element] - [the scope of recommendation sphere] mitigation area / [the scope of recommendation sphere] 10 months to two years [the scope of revised recommendation punishment] 1 year and six months to two years (the minimum limit of recommendation punishment is lower than the minimum limit of the applicable sentencing range under law, and therefore the minimum limit of the applicable sentencing range under law is lower than the minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for two years, the age, character and conduct, environment, motive, means and consequence of the crime and the circumstances after the crime are committed, etc.

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