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(영문) 춘천지방법원 2015.05.08 2015고합18
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

Defendant

A demanded that the victim C(the age of 66) open a contact with the victim without any reason for alcohol in the vicinity of the Chuncheon E apartment in the front of the Switzerland, where the victim C(the age of 66) was driven by the victim C(the age of 66) on January 7, 2015 and was aboard the defendant's residential area.

The victim refused this, and the victim continued to stop the taxi, and the victim collected a block in the container so that the victim faces face, thereby causing injury, such as damage to the flick's flick, which requires approximately two weeks of treatment, to the victim.

Accordingly, the defendant inflicted an injury on the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. A report on the field of violence;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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

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, such as probation, community service order and order to attend lectures;

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

2. Reduction elements of the basic area (one year and six months to three years): Where he/she commits a crime by carrying a deadly weapon or other dangerous objects and carrying them in the scope of the recommended punishment according to the sentencing criteria; and

3. Whether to suspend the execution: positive elements where a person commits a crime by carrying a deadly weapon or other dangerous articles with him/her: Insignificant injury, punishment not exceeding [general reasons for writing]: Insignificant injury, lack of social ties, positive factors where the driver of a motor vehicle in operation is the victim: There is no criminal record of a suspended execution or more;

4. Determination of sentence: The defendant shall be sentenced to imprisonment with prison labor for a year and six months, and the crime of this case for a suspended execution of three years;

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