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(영문) 인천지방법원 2018.07.19 2018고합310
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 punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2018, the Defendant: (a) boarded a D cab operated by the Victim C (40) around 19:30 on April 4, 2018, and returned home, and (b) took the horses to the effect that “the arrival of a taxi rate is changed” from the damaged person to the front road of “one-way elementary school” located in 318, 318-gil-ro 39, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, the purpose of which was, the Defendant inflicted injury on the victim by taking about two weeks on the victim’s right part and face part, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Four copies of the screen by filing a report on the occurrence of a crime, a studio photo, or a black stuffe image;

1. To report to the prosecution for investigation (to hear statements of victims);

1. 각 경찰 수사보고(� 진 치아 일부 사진촬영 관련, 택시 블랙 박스에 녹음된 대화내용 확인 관련) 법령의 적용

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be the mitigated elements of Category 4 (Bodily Injury of Drivers) (Special Sentencing Persons): The mitigated elements of punishment; the mitigated areas of punishment (the recommended areas and the scope of the recommended punishment); the mitigated areas of imprisonment with labor for up to 10 months and two years.

3. Determination of sentence: A year and six months after the suspension of the execution of one year and six months, the defendant, without any particular reason, abused a taxi driver and suffered bodily injury. The crime is not good, and the defendant has a record of criminal punishment on several occasions by assaulting a taxi driver who was operating a vehicle in the same manner as the crime in this case and causing bodily injury.

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