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(영문) 수원지방법원 2013.04.16 2013고합165
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 punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2012, the Defendant: (a) around 00:10 on the front side of the Suwon-si Ccafeteria operated by the victim D (54 years of age) in Suwon-si, Suwon-si, the Defendant demanded the victim to do so again to the Macheon-si, Macheon-si, the destination of which came to the front side of the Masi-si, the destination of the Masi-si; and (b) on the ground that the victim again requested the victim to do so; and (c) on the ground that the victim refuses to do so, the Defendant 1.5 meters away from the place to the F region of the Masi-si to the F region of the 1.5 meters km-si. When the victim’s face to run the said taxi on the right hand floor, the Defendant sent the victim to take care of about two weeks, and caused the injury, such as the inside part requiring treatment

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (general), photographs, and investigation reports (Attachment to a medical certificate for injury);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of punishment: Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. Application of the sentencing criteria [Determination of type] ] Scope of violent crime group, type 4 (Bodily Harm resulting from Violence by Drivers): Reduction element: Minor injury and Non-Mitigation of Punishment [Determination of the recommended area] mitigated area / [Scope of the recommendation area] mitigated area / [Scope of the modified recommendation area] / Imprisonment with prison labor for not less than 10 months but not more than 2 years (the scope of the modified recommendation area is short of the minimum sentencing range recommended in the sentencing criteria, and the minimum limit of the sentencing range recommended in the sentencing criteria is above the minimum limit of the applicable sentencing), between 1 and 6 months (whether suspension of execution of sentence is based on the minimum limit of the applicable sentencing range] / Major reasons for writing

3. The instant crime that was determined by the sentence of sentence is near the hands of the victim who operated the taxi.

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