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(영문) 서울중앙지방법원 2014.01.17 2013고합1176
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

except that 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

The defendant is a person who has no fixed occupation.

On June 26, 2013, at around 00:40 on June 26, 2013, the Defendant boardedd the driver of a motor vehicle in operation, such as the victim's hair and feling the victim's hair, and felling the victim's face for about 14 days on the back seat of the new taxi market in Yeongdeungpo-gu Seoul Metropolitan City, and went into the Dongjak-gu Seoul Metropolitan Government E apartment, the destination of destination. On the ground that the above taxi passes through the F apartment in Dongjak-gu, Seoul, the Defendant was able to take the side of the victim's face, and suffered approximately 14 days on the part of the victim, by assaulting the driver of a motor vehicle in operation, who is in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C’s statement;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The scope of recommendation according to the standard for sentencing [decision of types] violence, assault crime, driver's bodily injury (person subject to special mitigation] minor injury (the scope of recommendation] shall be sentenced to imprisonment for 10 months to 2 years (the scope of modified recommendation), imprisonment for 1 year and 6 months to 2 years (based on the lowest limit of punishment under the law).

3. Determination of sentence: One and half years of imprisonment, and two years of suspended execution, the crime of this case committed by the defendant to the driver of a vehicle in operation is likely to be criticized for the defendant in light of the fact that such crime is caused by a traffic accident and is likely to cause a large number of casualties and property damage.

However, the defendant led to the confession of the crime of this case and reflects his mistake.

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