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(영문) 인천지방법원 2017.05.11 2017고합129
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 became final and conclusive.

Reasons

Punishment of the crime

On February 11, 2017, the Defendant: (a) was drunked on the back seat of D-si operated by the Victim C (63) at the 2nd G-dong Highway, Namdong-gu, Incheon, Incheon, 500, by taking advantage of his seat as a customer and making it to a destination, and is under the influence of alcohol.

It refers to "Establishment", and the victim's face was assaulted twice by drinking, and the victim's face was inflicted on him/her for about 10 days, and due to this, the victim suffered an internal influence that requires treatment for about 10 days.

Accordingly, the defendant assaulted the victim who is a 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 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. Application of the sentencing criteria [the types of decisions] and six months to two years (the lowest limit of the applicable sentencing standards shall be set by law, since the lowest limit of the applicable sentencing standards set forth in the sentencing criteria is lower than the statutory minimum limit of the applicable sentencing standards).

3. Determination of sentence: A year and six months of the suspension of the execution of one year and six months, the Defendant inflicted an injury upon the victim by assaulting the victim while boarding the taxi of the victim. Such an offense is a dangerous crime that may cause serious damage to the life, body or property of many and unspecified persons as well as the victim.

However, this case.

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