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(영문) 수원지방법원 2016.04.29 2016고합70
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 three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 17, 2016, at around 17:55, the Defendant: (a) moved in the DNA back column operated by the Victim C (58) in the front of the Suglish Line 39, Sluri-gu, Suwon 2 Complex, the Defendant: (b) threatened the victim with the victim’s desire to take care of, including, but not limited to, “the victim’s head, ring, ring, singing, singing, and singinging down,” and (c) put the victim’s head, finging, drinking, and drinking, and taking the part in drinking, the Defendant carried the victim’s an influence for the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes concerning photographs of damaged parts, CCTV duplicating photographs;

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 in favor of the defendant among the grounds for sentencing);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing have been repeatedly considered in favor of the defendant);

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the recommended punishment], the group of violent crimes, assault crimes, the fourth type (the injury of a driver's assault) [the person who is subject to special sentencing] minor injury and punishment [the scope of the recommended punishment], five months or

3. The Defendant sentenced to sentence committed an assault against a victim who is driving a taxi and suffered injury. Such an offense is not easy in that it is a criminal who is highly likely to cause a large traffic accident.

However, the defendant recognizes the crime of this case and reflects the depth of the victim, relatively minor, appears to have committed the crime of this case by contingently under the influence of alcohol, and the victim does not want the punishment of the defendant by smoothly agreement with the victim.

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