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(영문) 대전지방법원 논산지원 2014.02.12 2013고합55
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 22:30 on October 12, 2013, the Defendant: (a) intending to go to the Sinsan Police Station in front of the Dokta located in Seosan City; (b) intending to go to the Sinsan Police Station in the same city; (c) changed the destination to go to the Sinsan Area; and (d) was under the influence of alcohol while the Defendant was under the influence of alcohol, he she saw her own “Choe, dye, dye, and dye, dye, return to the main body; and (b) she was under the influence of alcohol; and (c) she was under the influence of alcohol of the victim who was under the influence of the driver, she was under the influence of alcohol, who was under the influence of the driver, she was under the influence of the victim, by assaulting the victim’s hand at the floor of ppuri, when the victim’

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A photograph of the victim's body;

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

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

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 (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

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

2. Application of the sentencing criteria [decision of type] Violence, assault crime, driver's bodily injury (specially sponsers): - Minor injury, non-sponsive factors of mitigation: Imprisonment with prison labor for not less than 5 months but not more than 2 years (Provided, That no punishment may be imposed less than 1 year and 6 months, which is the lowest limit of applicable sentences in law, set the minimum limit of 1 year and 6 months); and

3. The crime of this case committed by the defendant who has rendered the sentence of sentence is likely to cause not only the victim but also the third party to cause serious damage to the life, body, etc. of the third party by assaulting a taxi driver while driving the taxi.

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