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(영문) 대전지방법원 서산지원 2018.05.02 2018고합10
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2017, the Defendant entered the taxi platform in front of the Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, a 304-ro 304, in a white-ro 12:30, the Defendant brought the victim into the taxi platform in front of the F apartment apartment in Taean-gun, Taean-gun, Taean-gun, the purpose of which is to be brought into the victim D(75). However, the Defendant did not pay the taxi fee to the victim and caused the victim to move out of the taxi due to the problem of the taxi fee.

Accordingly, the Defendant again went on the back seat of the victim and moved to the Taean-gun, Taean-gun, 177 at the center of Taean-gun, Taean-gun, and brought about about about two weeks to the victim's shoulder, face, etc. due to drinking and so on.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on internal investigation (such as the details of the report), damaged photographs, investigation reports (Attachment to black stuffs) and black stuffs video storage CDs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;

2. Application of the sentencing guidelines [the types of determination] violent crimes, assault crimes, types No. 4 [the person who is in charge of special sentencing]: Minor injury [the area of recommendation and the scope of punishment] mitigation area, mitigation area of imprisonment with labor for not less than 10 months and not more than 2 years (the scope of revised punishment]. The minimum limit of the sentencing range recommended in the sentencing guidelines is lower than the minimum limit of the applicable sentencing range, and thus the applicable sentencing range is lower than the minimum limit of the applicable sentencing range).

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