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(영문) 창원지방법원 2016.05.12 2016고합34
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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 23, 2015, the Defendant boarded the victim C (V, 54 years of age) in the wing-dong of the window in the Changwon-si, Changwon-si.

The defendant tried to open a front door of the taxi and try to get off the taxi because he was unable to designate an accurate destination in front of the road in Changwon-si, and tried to stop from getting off the taxi from the victim, and intending to put up the taxi while taking a bath to the victim who is in operation of the taxi who was demanded to pay the taxi expenses. The defendant was able to take up the victim's hand and the victim's hand, walked the victim's hand and boom, walked the victim's hand.

As a result, the Defendant inflicted injury on the victim such as salt, tension, etc. on the part of the loss requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [type determination] : The group of violent crimes, violence crimes, driver's injury (type 4) : In a case where punishment is not imposed (including a serious effort to recover damage) or considerable damage has been recovered from sources of punishment (including the area of recommendation and the scope of the recommended punishment), mitigation area, 10 months to 2 years [the scope of the recommended punishment that has been modified by the applicable sentences] imprisonment from 1 year and 6 months to 2 years (the minimum limit of the sentencing range recommended by the sentencing guidelines is lower than the minimum limit of the applicable sentencing range in law, and thus, the lower limit is based on the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor, for a year and six months, and for a year of suspended execution, the crime of this case;

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