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(영문) 인천지방법원 부천지원 2019.10.11 2019고합193
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a company member, and the victim B(50 years of age) is a substitute driver.

At around 19:00 on May 7, 2019, the Defendant: (a) had been driving a motor vehicle (C) located in the direction of the Silung-ro 1780-o, the 1780-distance, the coast of Silung-si, the 1780-o, the west of the Silung-gu, Seoul, the outer cycle of Silung-si, the Defendant suffered bodily injury, such as damage to the head of other parts necessary for the treatment of approximately three weeks, and strawing the victim’s right side with his hand. (b) When the Defendant took the victim’s timber with his hand, the Defendant suffered bodily injury, such as damage to the head of the part necessary for the treatment of approximately three weeks. (c)

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] violence crime [the 4th category] driver's bodily injury [the person who is a special person] mitigation element: minor injury, non-won [the scope of recommending area and recommendation range] special mitigation range, five months to two years [the range of recommended punishment corrected according to the sentencing range] sentenced to imprisonment, one year and six months to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is different from the statutory minimum limit of the sentencing range, so the minimum limit of the sentencing range recommended in the sentencing guidelines is different from the applicable sentencing range).

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