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(영문) 창원지방법원 2016.11.17 2016고합220
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On August 17, 2016, around 23:30 on August 23:30, 2016, the Defendant was boarding the back seat of the F taxi that was operated by the victim E (year 46) in front of the window C located in Chang-si, and was on the face of the window in Chang-si, who was unable to arrive at the destination because the victim did not accurately express his/her destination, and was able to walk the victim's face and body, while taking the victim's bath against the victim who was driving the taxi at his/her destination, and was able to take the victim's face and body part at his/her hand.

As a result, the defendant suffered bodily harm, such as damage to the right-hand part, which requires medical treatment for about two weeks, to the victim in the course of taxi operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the medical certificate (E);

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. 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Application of the sentencing guidelines [Determination of types] The group of violent crimes, assault crimes, driver's bodily injury (type 4): The mitigation element: source of punishment (including serious efforts to recover damage) or recovery of considerable damage [the scope of the recommendation field and the recommended sentence] mitigation area, imprisonment with labor for a period of ten months to two years [the scope of the recommended sentence corrected by the applicable sentencing]] from one year and six months to two years (the lower limit of the recommended sentence according to the sentencing guidelines is lower than the lower limit of the applicable sentencing range in law, and the lower limit of the applicable sentencing range shall be set by the law lower limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a period of three years under a suspended execution shall inflict an injury on the driver of the vehicle in operation of the defendant;

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