logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.05.01 2015고합45
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

On January 23, 2015, at around 21:00, the Defendant was boarding the back seat of D si operated by the victim C (the age of 66) in the vicinity of the military station located in Gwangjin-gu Seoul Special Metropolitan City, and said si took a bath to the victim himself in the above si that is proceeding about about 60 km in the speed of Si at about 60 km around the monthly hill road of the Dong branch line, while taking a bath to the victim, “the son flae, Chewing flae” in the above si where the said si was proceeding at the speed of 60 km. The Defendant saw the victim’s face and head on several occasions.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation and caused the injury to the victim, such as salt, tension, etc. of a trend requiring approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (as for the black stuff images, attaching a taxi box image and diagnostic document);

1. Application of Acts and subordinate statutes to photographs damaged;

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. 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 32 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits of Dismissal of Application for Compensation (the reason for compensation is unreasonable because the injured party does not want punishment against the accused by the unanimous agreement with the accused);

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the group of violent crimes, assault crimes, the minor injury (person subject to special mitigation] of Type 4 (Bodily Harm to Drivers) (the scope of the recommended sentence], the area of special mitigation [the scope of the revised sentencing], the area of imprisonment with prison labor for not less than five months and not more than two years (the revised sentencing range], and the period between not less than one year and six months and not more than two years (the period of suspended sentence shall be governed by the applicable sentencing under the Act] [the period of suspended sentence] major pride: minor injury;

arrow