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(영문) 서울동부지방법원 2016.07.15 2016고합71
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

On March 2, 2016, the Defendant was on the front of the victim D(S) (S) of E-si driven by the victim D(S) on the roads in Gui-si, Si around 22:40 on March 2, 2016, and was in the vicinity of the lock-gu, Songpa-gu, Seoul as the 624 Olympic Games was going to the seat of the lock-gu, Songpa-gu, Seoul. As such, the Defendant would, under the influence of alcohol, thrown away without any reason, the Defendant’s “packer” against the victim without having to live.

"Abrutals," such as "," and the victim was able to take the right side of the victim at least five to six times, and the victim was placed at approximately two weeks of treatment.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Photographs;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”)

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

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for one year and a half years from June to two years (the type of determination) (the person subject to special mitigation]; minor injury and non-existence of punishment [the scope of the recommended punishment]; special mitigation area; imprisonment for five months to two years (the scope of the corrected recommended punishment]; one year and six months from June to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is lower than the minimum limit of the applicable sentencing under the law; therefore, the lower limit of the applicable sentencing range recommended in the sentencing guidelines is set by the law).

3. Normal conditions favorable to the determination of sentence: The same shall not apply to the degree of injury suffered by the victim;

The Defendant is against his or her duty to recognize his or her wrongness.

As the defendant agreed smoothly with the victim, the injured person does not want the punishment of the defendant.

The crime of this case is committed by assaulting the driver of a vehicle in operation.

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