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(영문) 의정부지방법원 2017.04.26 2017고합108
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 February 22, 2017, around 00:06, the Defendant temporarily stopped the Victim E (61) taxi on the front road of the “D” located in the Namyang-si, Namyang-si, the Defendant: (a) opened the steering house and demanded the victim to leave the steering house in the southyang-si; (b) the victim refused to leave the Seoul taxi; (c) the victim was flicked three times at the driver’s seat; (d) the victim was flicked three times at the right side of the victim’s right side; and (e) the victim was flicked one time at the driver’s flick; and (e) the victim was flicked with the flick with the flick hand; and (e) the victim, the driver of the vehicle in operation, who was flicked with the 10-day flick and flicked with the flick.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A witness’s statement case, and the 112 case processing table;

1. A written diagnosis of injury;

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. 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. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing criteria [the types of determination], violence, Type 4 (Special Mitigation Elements) (Special Mitigation Elements of Drivers), minor minor injury and penalty [the scope of the recommended punishment], special mitigation area, period of five months to two years [the scope of the corrected punishment] imprisonment, one year and six months to six years (the lowest limit of the sentencing range recommended by the sentencing criteria is lower than the lower limit of the applicable sentencing range under the law, and the lower limit of the applicable sentencing range shall be set at the lower limit of the applicable sentencing range under the law).

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and with respect to the act of violence against the driver of a motor vehicle operating together with the instant crime for two years of suspended execution as well as the body of the driver, pedestrians and other vehicles.

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