2016Gohap389 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers)

A person shall be appointed.

E. E. B.D. (Lawsuits) and E.B. (Trial)

Attorney B (Korean National Assembly)

April 28, 2017

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the defendant to provide community service for 80 hours.

Facts of crime

On October 30, 2016, at around 00: 10, the Defendant: (a) taken a victim C (the age of 56) boarding a D taxi in front of the KT Call State located in Ulsan-gu, Ulsan-do; (b) taken the Felel located in Ulsan-gu E, Ulsan-gu; and (c) took a bath to the victim that the victim does not have any wall and cell phone when the victim demanded the taxi fee.

Therefore, when the victim moves to a police station, he / she is moving to a G district, the defendant was able to take a bath about the victim, and the victim suffered injury such as damage to the shot play that needs to be treated for about 14 days on the face of the victim in several times with the floor of hand.

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 of C;

1. A criminal suspect's photograph, and a victim's death diagnosis report;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing have been repeatedly taken into consideration for favorable circumstances)

1. Social service order;

Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

Reasons for sentencing

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

2. Scope of recommended sentences according to the sentencing criteria; and

[Determination of Types of Violence] Types 4 (Death or Injury by Drivers)

【Special Convicts 【Non-Punishments】

[The scope of recommendations and recommendations] Reduction Area, 10 months to 2 years of imprisonment

[Scope of the revised Recommendations] One year and six months of imprisonment (compliance with the minimum applicable sentencing range in law) to two years

3. Determination of sentence;

An act of violence against a driver of a vehicle in operation is not only an illegal act against the driver's body, but also a threat to the safety of other pedestrians, vehicles, etc., which may lead to an accident of large-scale human life damage. Therefore, the risk and possibility of criticism are very disadvantageous to the defendant.

On the other hand, there are favorable circumstances for the defendant, such as the fact that the degree of injury caused by the instant crime is relatively minor, the defendant committed the instant crime under the influence of alcohol and contingently, the defendant committed the instant crime, and reflects his depth while committing the crime, the victim compensates for three million won to the victim, and agreed with the victim, and the fact that there is no criminal power except for punishment of a fine of five million won due to the obstruction of performance of official duties in around 2014, and the defendant did not have any criminal power. In addition, all the sentencing conditions, such as the defendant's age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., as well as the scope of recommended punishment according to the sentencing guidelines, shall be determined as per the order.

Judges mobile-type - Judges

Judges Kim Jong-soo

Judges Whitek