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(영문) 인천지방법원 2013.10.16 2013고합435
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. Around June 19, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed an injury on the part of the victim C (the age of 46) such as clocks and tensions that require approximately three weeks of treatment to the victim, on the ground that the victim’s head and face could not be said to be the victim while boarding a D taxi operated by the victim C (the age of 46) as a customer on the front of the clock distance in Seo-gu, Seo-gu, Incheon Metropolitan City.

2. The Defendant damaged property at the same time and place as in the preceding paragraph, and at the same time and place, the victim who was installed in the taxi in the taxi and the card terminal used to drink it, thereby damaging the said property so that the repair cost equivalent to KRW 400,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a copy of a written diagnosis and written estimate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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. 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 (1) of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;

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

2. Scope of recommendations: Imprisonment with prison labor for a period of one year and six months to two years: Violence Crime Group, Violence Crime No. 4 (Bodily Injury resulting from Violence to Drivers): Settlement of multiple crimes in the mitigation area and revision of recommendations: The above crime and the crime of causing water damage, for which no sentencing guidelines are set, are set under the former part of Article 37 of the Criminal Act.

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