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(영문) 수원지방법원 2014.07.15 2014고합261
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

At around 23:00 on April 12, 2014, the Defendant: (a) around the time when the Defendant was boarding and getting on the Dona-si head of the Dona-si that was operated by C and obstructed the victim’s face while driving the si by taking away tobacco within the said si; (b) preventing the victim from driving the cab as he was sated by the victim; and (c) obstructed the victim’s face by drinking the cab; and (d) at the time of the victim’s arrival in the E box, the victim’s face while driving the si via the police box located in the Posi-si where the si head of the city at the time of the victim’s filing a report, the Defendant sawd the victim’s right part to the right part of the treatment day, such as 13m a satisfing, and sating the satch.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of statutes on site photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Application of the sentencing criteria [Determination of types] used violent crime: Class 4 (Bodily Harm resulting from Violence to Drivers): Insignificant injury, and non-won of punishment (Scope of decision and recommendation): Imprisonment with prison labor for up to five months to two years (the scope of modified recommendation range] from one year and six months from six months to two years (the lowest limit of the sentencing range recommended in the sentencing criteria is below the lowest limit of the applicable sentencing range), and thus, the applicable sentencing range falls short of the applicable sentencing range).

3. According to the sentence, the instant crime committed by the Defendant, who is a taxi driver, was committed by the victim on the grounds that the victim, who is the taxi driver, could not smoke in the taxi, and the assault against such driver is caused by a large traffic accident, thereby causing a large number of casualties and damage to property.

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