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(영문) 의정부지방법원 2020.02.14 2019고합377
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

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

Reasons

Punishment of the crime

Around 04:00 on November 1, 2019, the Defendant: (a) boarded a cab operated by the Victim B (the 66-year-old age) and brought about the way ahead of the E convenience point in the southyang-si; (b) the Defendant expressed that the Defendant, who was on the back seat, arrived at “the victim would have arrived at the destination”; (c) string the neck of the victim, who was seated on the left seat; (d) string the victim’s face; and (e) string the victim’s back to drinking; and (e) string the victim’s left eye due to the finger, the Defendant took around approximately two weeks of the victim’s face, including the victim, who wraped the victim’s eye, and wraped the part of the victim’s left side, with approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A written diagnosis of injury;

1. Damage photographs;

1. Application of Acts and subordinate statutes to investigation reports (F statements of witnesses);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who causes violence against a driver [type 4]. The basic area of recommendation [the scope of recommendation area and recommendation range], the basic area of punishment, imprisonment with labor for not less than one year and six years.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, the Defendant again committed the instant crime even though he had a previous conviction similar to that of the same kind on two occasions.

The Defendant, immediately after the crime of this case was committed, tried to have a witness to make a statement to the police officer dispatched to the scene, and tried to do so. Even after being arrested as an offender, the Defendant saw the police officer to take a bath and sound, etc.

The Defendant did not recover from damage.

These circumstances are disadvantageous to the defendant.

However, the defendant shows the attitude to recognize and reflect the crime of this case.

These circumstances are favorable to the defendant.

. The above.

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