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(영문) 수원지방법원 안산지원 2014.11.28 2014고합307
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant, around 01:20 on August 16, 2014, 01: (a) moved from a taxi driven by a victim E (56 years of age) in the vicinity of “D” located in Gwangju-si, Gwangju-si; (b) the victim changed the taxi fee; (c) the victim changed the taxi fee; (d) the victim changed the taxi fee; and (e) the victim was on board the said taxi again.

While the victim was driving the si and was in the Manam-ro located in 772 due to the luminous name of light, the defendant was suffering from the victim's body several times by drinking, and the victim's arms were asked for approximately two weeks by asking the victim's arms.

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

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. A written diagnosis of injury;

4. Application of each statute of photography;

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

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

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

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

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Violence crime group - Violence crime - Type 4 (Bodily Injury resulting from Violence against Drivers);

(b) Special penal persons: No penalty shall be imposed;

(c) Scope of recommending punishment: Imprisonment with prison labor for not less than 10 months to 2 years ( mitigated areas); and

(d) Scope of recommended sentences revised according to the range of applicable sentences: Imprisonment for one year and six months to two years (based on the lowest limit of sentencing range of applicable sentences); and

3. In this case, the decision of sentence shall be deemed to have inflicted an injury by assaulting the victim who is a driver while getting on and off a taxi at night, and shall not be deemed to have good character and circumstances.

The criminal defendant's crime is likely to cause a traffic accident and cause another damage if it is erroneous, and there is a high possibility of social criticism.

The victim is physically disabled due to the defendant's crime.

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