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(영문) 의정부지방법원 2014.07.16 2013고합515
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

On December 16, 2011, the Defendant stopped the Defendant’s automobile in front of the bus stop which was stopped to board customers, while driving the CK7 car in the vicinity of the CK7 car at the government bus stop located in the Dong-dong of the Government-Si of the Gyeonggi-si. The Defendant stopped the Defendant’s automobile in front of the bus stopped to board the customers.

Since then, the defendant got in the bus and was seated in the driver's seat, and got the victim to take the face of the victim, and caused the victim to suffer brain-dead, etc. for about two weeks of medical treatment.

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 written statement concerning D's preparation of the police officer police officer;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of legal recommendations: Imprisonment for one year and six months to fifteen years; and

2. Reduction elements according to the sentencing guidelines: The scope of recommendation [decision of types] according to the sentencing guidelines, violence crime group, assault crime, type 4 (Bodily Injury to Drivers): Minor injury [Extent of recommendation]: Imprisonment with prison labor for 10 months to 2 years (the scope of revised recommendation] imprisonment for one year and six months to 2 years (the lowest limit of sentencing range recommended in the sentencing guidelines is shorter than the minimum limit of the applicable sentencing period, and thus the minimum of the applicable sentencing range is less than the minimum limit of the applicable sentencing period] (whether to suspend the execution of sentence] The main reasons for writing: A minor injury: A crime before the suspension of the execution of sentence at least twice, there is no effort to recover damage, clear social relationship, and any contingent crime (self-esteem).

3. Determination of sentence: Imprisonment with prison labor for one year and six years; and

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