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(영문) 의정부지방법원 고양지원 2017.11.24 2017고합194
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2, 2017, the Defendant: (a) was boarding a D taxi operated by the victim C(66 years of age) on the front side of the Daeyang-gu lender, Seoyang-gu, Seoyang-gu, 107, 71-81, a 71-3rd-ro, at the time of Goyangyangyang-gu around August 2, 2017; and (b) caused the victim’s injury to the victim by using the right hand room that occurs from the back seat of the victim’s right hand room at one time, with approximately three weeks of the victim’s right hand room or the part that occurs from the back seat.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (Sable video images);

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

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. 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, including observation of protection and community service order;

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 causing violence by driver] Class 4 (the person causing special sentencing] mitigated elements: the mitigated mitigated elements of the punishment: the serious reflect [the scope of the recommended punishment]: From October to two years [ the scope of the corrected punishment] imprisonment for one year and six months to two years (the minimum limit of the recommended punishment according to the sentencing criteria is lower than the minimum limit of the applicable sentencing range in law, so the lower limit of the recommended punishment according to the sentencing criteria is set by law applicable to the applicable sentencing range).

3. Determination of sentence: One and half years of imprisonment with prison labor, and three years of suspended sentence are the crimes of this case committed by the defendant by assaulting the victim who is a taxi engineer driving on the road at night, and the nature of the crimes is not good in light of the risk, etc., and the crimes of assault against the driver are likely to cause a traffic accident.

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