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(영문) 인천지방법원 2013.10.16 2013고합504
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On July 28, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) committed assaulting the victim to a Doro-type taxi operated by the victim C (the age of 43) in front of the main station located in the Nam-gu Incheon Metropolitan City as a customer and brought him/her to a destination. On the same day, around 22:20, the said date, he/she sawd the victim under the influence of drinking in the direction of his/her head by drinking the victim of his/her arms, etc. (the victim of both arms).

2. The Defendant damaged property by breaking the victim’s property by breaking the marbling of 50,000 won, which is owned by the victim in the above taxi at the time and place specified in paragraph 1, and destroying the victim’s property by drinking the marg equivalent to KRW 80,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the container rash receipts, ship writing receipts, and the certificate of injury diagnosis;

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 (the act of causing violence to a driver), and Article 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for not less than one year and six months to six years; and

2. The scope of recommendations: Imprisonment with prison labor for a period of one year and six months to two years: violent crime group, assault crime No. 4 (Bodily Injury resulting from Violence to Drivers): multiple crimes subject to mitigation areas.

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