logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.05.28 2020고합119
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

Around 00:20 on February 11, 2020, the Defendant requested the victim B (the victim 42 years of age, hereinafter “the victim”) to get on and get out of the taxi wing boat operated by the victim B (the victim hereinafter “the victim”) in the vicinity of Incheon and D, but was rejected, the Defendant expressed the victim’s desire to “I see she will do so.” The victim she saw the victim’s part of the victim she was driving on several occasions with the left hand her, and the victim’s face was able to take up several times with a hand her hand her, and the victim was injured by approximately 30 minutes of the victim’s face with a bad hand her for about 2 weeks.

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. A written diagnosis of injury;

1. Application of Acts and subordinate statutes of violence victim photographs submitted by victims;

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of the defendant's liability for compensation is unclear);

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the lower limit of the sentence under law, which is the lowest limit of the sentence range recommended in the sentencing guidelines from 1 year and 6 months to 2 years, in the event of assaulting crimes committed by a driver [the Category 4] bodily injury [the person who is a special person] - the mitigated element of mitigation: minor injury (the type 2 and 4), non-influence of punishment (including serious effort to recover damage), or considerable damage (the scope of the recommended area and the recommended punishment] special mitigation area, 5 months to 2 years [the scope of the recommended punishment corrected by the applicable sentencing guidelines].

arrow