logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.04.06 2018고합59
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 06:05 on December 31, 2017, the Defendant was boarding the back seat of the G-si driven by the Victim F (65 tax) in front of the Da located in Gwangju Northern-gu, Gwangju, on the ground that the injured party does not drive the said taxi as the route desired by the Defendant. However, the Defendant was able to take back the shoulder part of the victim who was driving the said taxi on a hand, and turn off the victim’s face part into the hand, with the victim’s face part taken over on the hand, and caused the injury, such as the impairment of the ear part, which requires approximately two weeks of medical treatment, and damaged the said taxi by hand by cutting off the wire of the credit card settlement terminal and audio system of the said taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A written diagnosis of injury;

1. Written estimate;

1. Application of Acts and subordinate statutes of each damaged photograph;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), and Article 366 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the punishment is aggregated with the long-term punishment of two crimes specified in the crime committed for the heavier specific crimes;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences: Imprisonment for not less than one year and six months but not less than six years and six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: Crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the scope of recommended punishment] 4 types of assault crimes (the act of causing violence to a driver) (the act of causing violence from May to two years), the area of special mitigation (the act of causing special mitigation) / (the act of causing special mitigation) minor injury (the act of causing violence to a driver) / The act of not punishing

(b) Concurrent crimes of Type 1: Crimes of destruction and damage [Recommendation.].

arrow