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(영문) 인천지방법원 2016.08.26 2016고합186
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 17, 2016, the Defendant: (a) around the wind apartment located in the south-dong, Namdong, Incheon Metropolitan City, the victim C (66 years old); (b) was on the string of the taxi located in the south-dong, south-gu, Incheon; and (c) went into the apartment house, the 1stm of the Seo-gu, which is the seat of the 21st day, in front of the Southern East-dong, Incheon, the 500-dong, and the Defendant was trying to get the victim from the above taxi at the same time on the 23:09-dong, south-gu, Incheon, the 21st day, when the victim was prevented; (d) the victim was able to walk with the head of the son; and (e) the victim was kicked with his eye and kick with his finger; and (e) the victim was boomed with his finger, thereby causing the victim’s booming of the 21-day equipment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

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. Application of the Acts and subordinate statutes to cut a black stuff image;

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 of the community service order;

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

2. The basic area of the recommended sentencing guidelines: The scope of the recommended punishment [the type of decision] [the scope of the recommended punishment [the scope of the recommended punishment] that there is no person who is in charge of special sentencing] of the four types of violent crimes [the person causing violence by driver]: One year and six months to three years.

3. 선고형의 결정 피고인은 피고인을 태우고 택시를 운행 중이 던 피해자의 얼굴을 주먹으로 수회 때리고 발로 수회 걷어찼으며 손가락으로 피해자의 눈을 찔러 피해자에게 약 21일 간의 치료가 필요한 안구의 타박상 등에 이르게 하였는바, 그 범행...

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