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(영문) 의정부지방법원 고양지원 2017.03.24 2017고합10
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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 18, 2016, the Defendant: (a) boarded the victim C (53 tax) on a D cab operated by the victim C (53) on December 18, 2016; (b) went in front of the original station located in 1429, as the Hayang-gu Goyang-gu Goyangyang-gu, Goyangyang-gu; and (c) caused damage to the victim’s right part and the head part of the said cab on a drinking ground that it could not be known that he was under the influence of alcohol, and caused damage to the victim’s right part and the head part on a one-time basis, which require treatment for about nine days.

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 on black booms CDs

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of decisions] the scope of the recommended punishment [the person who is in charge of special sentencing] types No. 4 (the person who is in charge of causing violence to a driver): the mitigated factors of minor injuries and punishment [the person who is in charge of general sentencing]: The serious reflect [the scope of the recommended punishment] special mitigation area: May to two years [the scope of the corrected punishment] imprisonment for a period from May to June [the scope of the corrected punishment] for a year from June to two years (the lowest limit of the recommended punishment according to the sentencing guidelines is lower than the lowest limit of the applicable sentencing range under the law, so the lower limit is governed by the applicable sentencing range under the law]; and

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the crime of this case is committed by a defendant by assaulting a victim who drives a taxi and causing injury to him/her, and the crime of assault by a driver is not good in light of the substance of the crime, and the crime of assault by a driver may cause a traffic accident to cause serious damage to a third party's life and body, etc., which is disadvantageous to the defendant.

However, the defendant is not a party.

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