logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.01.12 2016고합50
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2016, the Defendant stated the written indictment in Seocho-gu Seoul Metropolitan Government as "Yang-gu," but it is obvious that it is a clerical error. Thus, the Defendant is corrected.

The victim C (70) was on the back seat of the driver's seat of D individual taxi driving at the end of the driver's seat of the victim C (70) and was in the middle-gu in Seoul, Jung-gu, Seoul., the destination, the victim was considered to have a bath, and the defendant's hand was able to take back and boom the victim's back and brea, and the head of the victim was taken.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation, resulting in the injury of the victim, such as a multi-faced scopic scopic scopty, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against C (victim);

1. CDAs (booms and videos);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (to attach a photograph of a vehicle boom box image) (to a report on the inspection of a screen image submitted by the victim);

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. 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

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

2. The scope of the recommended punishment on the sentencing criteria [the type of determination] the scope of the recommended punishment [the person causing violence to a driver] Class 4 (the person causing special sentencing] mitigated elements: Minor injury [the scope of the recommended punishment] mitigated area [the scope of the recommended punishment]] from October to two years [the scope of the corrected recommended punishment] imprisonment with prison labor for one year and six months (compliance with the lower limit of the punishment legally applicable), or two years.

3. Determination of sentence: Imprisonment with prison labor for two years, and the defendant with suspended sentence for three years, committed an assault against a taxi driver in operation under the influence of alcohol and caused injury without any particular reason.

arrow