2017Gohap874 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Running Violence, etc.)

A

The difficulty of prosecution, the prosecution of the public prosecutor, and the public trial;

Attorney B (Korean National Assembly)

October 20, 2017

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 two years from the date this judgment became final and conclusive.

Criminal facts

On August 3, 2017, at around 20:20, the Defendant was boarding a taxi operated by the victim C(64 years of age) in Songpa-gu Seoul Special Metropolitan City, Songpa-gu, and was driving in the direction of the south-gu route, the destination of which is the south-gu. On August 3, 2017, the Defendant, without any justifiable reason, caused the victim’s face and chest by assaulting the victim’s face and chest on several occasions, thereby causing injuries, such as sprinking and sprinking with the number of days of treatment, sprinking and sprinking, and sprinking and sprinking, which require treatment for about two weeks, in the direction of the Dongjak-gu, Seocho-gu, Seoul, Seocho-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of the victim's upper body photograph and a black stuff image CD;

1. Each written diagnosis;

Application of Statutes

1. Article applicable to criminal facts;

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

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

Reasons for sentencing

1. The scope of punishment;

From June to 15 years of imprisonment;

2. Scope of recommendations according to the sentencing criteria;

Violence In the area of mitigation (special mitigation factors: No penalty; 1 year and six months to two years (the lowest limit of recommending punishment is lower than the minimum limit of applicable punishment in law, and therefore the lower limit of applicable punishment is lower than the minimum limit of applicable punishment in law) of all types of assault crime.

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence; and

The crime of this case may lead to the injury of the victim who is operating a taxi in the Olympic Games, and may lead to a traffic accident, and the responsibility of the defendant may not be weak.

However, the court shall take into account the circumstances favorable to the defendant such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc. in consideration of the fact that the defendant paid a certain amount to the victim and does not want the punishment of the defendant, and that the defendant is against the defendant's wrong recognition, etc.

The presiding judge, judges, and the Yellow Constitution

Judges Jong-jin

Judges Kim Jae-han