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(영문) 수원지방법원 안양지원 2020.01.17 2019고합149
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 became final and conclusive.

Reasons

Punishment of the crime

At around 04:10 on August 11, 2019, the Defendant: (a) boarded the back seat of the taxi operated by the victim B (the age of 39) in order to go to the north door of the water source, which is a destination, before the station site located in the Southern East-gu Seoul Metropolitan Government, Seoul, with the view to going to the north door of the water source in front of the station site located in 2089 (the age of 39) and received KRW 11,000 while receiving KRW 20,00 from the taxi rate of 11,00,000; and (b) taken the face of the victim’s return, and taken the victim’s face, “The victim’s face was taken three times with his head, and taken three times the victim’s face at one time, and sustained the victim’s her hand and suffered the victim’s injury, such as the victim’s entry of about 2,00 alcohol and the mouth of the part requiring treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor’s statement in B;

1. A report on internal investigation (Attachment to the contents of the CD conversation), a record recording, a criminal investigation report (a report submitted by facsimile for the examination and treatment of the victim B);

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommendations on the sentencing guidelines: From 6 months to 2 years (the determination of a type) of violent crimes, Type 4 (Special Bodily Harm resulting from Violence to Drivers) mitigated elements - Insignificant injury, and non-influence [the scope of recommendations] special mitigation areas / [the scope of recommendations] five months to 2 years [the scope of modified recommendations] imprisonment / one year and six months to 2 years (the minimum limit of the recommended sentence is lower than the minimum limit of the applicable sentences under the law, so the lower limit of the applicable sentences under the law is lower than the minimum limit of the applicable sentences).

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