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(영문) 춘천지방법원 영월지원 2014.08.28 2014고합22
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

except that 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 March 3, 2014, the Defendant: (a) around 23:15, the Defendant: (b) expressed that the victim C (the 60-year-old) will get on the front of the Korean National Bank running in front of the Korean National Bank that is located in the Yellow-si, and continued proceeding in the future; (c) expressed the victim’s face 7 times in drinking, and expressed the victim’s desire that “the victim would have been cut off, cut off, cut off, and cut down,” without any reason, at the same time; (d) the victim’s head and the chest are 10 times in number; and (e) the victim’s head and the chest are 10 times in number; and (e) the victim’s head and the fright are assaulted on three times in number by launching the flab in the same Dong.

As above, the Defendant assaulted the victim who is driving a motor vehicle and brought about two weeks of treatment to the victim, and brought about a scarke, a scarcity, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

2. Reduction elements of types 4 (Determination of Punishment) and reduction scope of punishment according to the sentencing guidelines: Violence crime of category 4 (Bodily Injury to Drivers): Reduction scope of punishment [Determination of the recommendation area] [Scope of the recommendation area] mitigated area] [Prohibition of Suspension of Execution] from 10 months to 2 years [Prohibition of Suspension of Execution]: (Egressive) failure to punish him/her; (1) failure to take punishment for him/her; (2) failure to take punishment for him/her; (3) failure to take punishment for him/her; (4) a person who has been in operation and is injured by a driver of a motor vehicle;

3. The criminal defendant who committed the instant case in which a sentence of sentence was rendered.

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