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(영문) 광주지방법원 2018.04.27 2018고합92
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 4, 2017, the Defendant: (a) taken the back seat of the victim C(58) under the influence of alcohol on the back seat of the 55 Gwangju Educational University in front of the 55 Gwangju Educational University, and (b) taken the back seat of the victim C(58) under the influence of alcohol on the back seat of the 55 Gwangju Educational University; and (c) taken the face of the victim who is driving the said taxi on a drinking ground on the ground that the victim would keep the signal without having to meet his/her own way to his/her own desire and drive the said taxi at a slow time on the ground that he/she would drive the said taxi on the back seat of the 14-day Educational University, and led the victim to open the body of the victim, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the investigation report (including the document No. 2 and attached document No. 1)

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. 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 (one year and six months to three years) of the crimes of assault and violence within the scope of the recommended punishment according to the sentencing criteria; and

3. An act of violence against a driver of a vehicle in operation, as in this case, is not limited to an act of infringing the driver's body, but also an act of threatening the safety of pedestrians, other vehicles, etc., and the danger and criticism is likely to lead to a large-scale accident of human life.

However, the fact that the defendant does not have a criminal record of violent crime, that the defendant recognized all of his/her own crimes and misunderstandings in depth, and that he/she deposited one million won for the victim after the closure of the pleadings in this case, and that the crime in this case is committed.

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