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(영문) 인천지방법원 부천지원 2019.05.31 2019고합38
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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

1. Around 19:10 on February 20, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) (the Defendant, in the vicinity of the C University located in Seocheon-si, B, was on board the victim D (the age of 61) taxi steering in order to move to the F apartment in Seocheon-si, Seocheon-si (the age of 61) and without any justifiable reason, she dumped the victim’s head and eye on the front of the 'H located in Seocheon-si, G and brought about about about about 10 times the victim’s hair and eye, thereby impairing the victim’s b1-day character that requires treatment for about 21 days.

Accordingly, the defendant injured the driver of a vehicle in operation.

2. The Defendant of special violence committed two times the victim’s left hand son on the ground that the victim I (n, 26 years of age) prevented himself, who was at the time and place described in paragraph 1, as seen above, when he was at the time and place, and on the ground that the victim I (n, 26 years of age), was a taxi engineer.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Each statement of D and I;

1. A medical certificate of injury, and each photograph;

1. Application of the investigative report (Nos. 9 and 14 of the evidence list) and the accompanying documents to each Act and subordinate statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), and Articles 261 and 260 (1) of the Criminal Act (the point of special violence and the choice of imprisonment) concerning the crime;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope aggregated with the long-term punishment of two crimes prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes which are heavier

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. Determination of the defendant's defense counsel's assertion of Article 62-2 (1) and proviso to Article 62-2 (2) of the Probation Criminal Act

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