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(영문) 창원지방법원 마산지원 2017.10.27 2017고합62
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:55 on June 12, 2017, the Defendant: (a) boarded in the back seat of the victim D (71) driveed in the front seat of the members of Changwon-si, Changwon-si, the Defendant: (b) took a string of the victim D (71) and going to a destination; (c) took a string of the victim who was driving on the left hand without any justifiable reason; (d) took a string of the victim’s horses, and continued to take a string of the string of the string; and (e) took a string of the string of the 2 week, the Defendant: (a) carried the string of the string and the string of the string of the 3rd party; and (b) carried the string of the string of the 3rd party in need of approximately two weeks medical treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to internal investigation reports (as to attachment of agreements and injury diagnosis reports), investigation reports (as to attachment of taxi booms images);

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 law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria [the types of determination] and class 4 (Bodily Injury by Violence of Drivers): Reduction elements of punishment [the scope of recommendation]: Reduction area of punishment [the scope of punishment mitigated], 10 months to 2 years [ the scope of revised recommendation] 1 year and six months from June to two years (the lowest limit of the recommended punishment according to the sentencing criteria is lower than the minimum limit of the legal applicable sentences, so the lower limit of the recommended punishment according to the sentencing criteria is governed by the applicable applicable sentences under the Act).

3. The offense of assaulting the driver of an automobile in operation, as in this case, resulting in an injury, is not merely causing an injury to the driver’s body, but also causing an additional damage by causing a traffic accident.

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