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(영문) 대전지방법원 서산지원 2014.03.20 2014고합6
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:20 on December 2, 2013, the Defendant: (a) expressed a desire for the Defendant to take a large amount of charges on the D taxi that the victim C (the 40-year-old age) was driving on the west west west west west west west west wested; (b) followed by the police box; (c) while driving the said taxi, the Defendant got the victim to take the front of the victim’s face and head while driving on the west west west west west west west west west west west west west west west west west west west, the Defendant got the victim to take the front of the victim’s face and head while driving on the said taxi near the road.

As a result, the defendant assaulted the victim who is a driver of a motor vehicle in operation and suffered bodily injury such as two parts and internal part in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Written estimate;

1. Application of the Acts and subordinate statutes to black stuff photographs, black stuffs CDs

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. Application of the sentencing criteria (determination of types), violent crimes, assault crimes, types 4 (Specially Bodily Aggravated Punishment for Drivers) - Mitigation elements: Insignificant injuries and non-prosecution of punishment (the scope of recommending punishment) - Imprisonment with prison labor for not less than 10 months but not more than 2 years (the scope of corrected recommended punishment) from 1 year and 6 months to not more than 2 years (the minimum limit of recommending punishment is lower than the minimum limit of applicable sentences under law, and therefore the minimum limit of applicable sentences in law shall govern); and

3. The crime of this case committed by the defendant in the judgment of sentence was committed by assaulting the victim's face and hair in drinking, and the driver's use of violence is not only committed against the victim, but also large.

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