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(영문) 서울서부지방법원 2016.09.29 2016고합220
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

Around 02:00 on June 23, 2016, the Defendant: (a) expressed the victim’s desire to “I am on the first line of the subway station located in the subway station located in the direction of the subway network located in the subway station located in the 60-ro of Mapo-gu Seoul, Seoul; (b) expressed the victim’s bath to “I am on the part of the passenger; (c) I am on the part of the passenger; and (d) I am under the influence of alcohol on the ground that I am under the influence of alcohol does not have the direction of their desire; (d) I am the victim’s son, who is a driver of a motor vehicle operating in the subway station in the direction of the subway network station located in the direction of the subway network; and (e) I am the back and back qui of the passenger; and (e) caused injury to the part of the passenger’s hair for 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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

2. Application of the sentencing criteria [the types of decisions] Class 4 (Bodily Harm resulting from Violence by Drivers) (the scope of the recommended punishment] imprisonment for a year and six months to two years (the scope of the recommended punishment) for a term of imprisonment for a term of one year and six months (the scope of the recommended punishment for a mitigation area, the scope of the recommended punishment for a mitigation area shall be set at the lower limit of the applicable sentencing, because the lower limit of the applicable sentencing is lower than the lower limit of the applicable sentencing).

3. Since the act of assaulting and causing injury to a driver of a motor vehicle who is under a decision of sentencing is in danger of causing more severe damage, it is necessary to punish the driver strictly.

However, the fact that the defendant recognizes the whole facts charged and reflects the mistake, and that the injured party does not want the punishment of the defendant by agreement with the victim.

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