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(영문) 청주지방법원 2018.01.19 2017고합288
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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 16, 2017, the Defendant assaulted the victim E (61 tax) in front of the Cheongju-si located in the Cheongju-si, Cheongju-si, on the front of the F taxi operated by the victim E (61 ) in consideration of the payment of the victim's taxi expenses, and caused the victim's injury, such as the 14-day load, if it is necessary to treat the victim as the victim's right side by putting the light of the victim's right side. In order to report to the police, the Defendant assaulted the victim's right side through the victim's back while driving the said taxi on the front of the Cheongju-si, Cheongju-si, and caused the victim's injury, such as the 14-day load.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of the investigation report (as to the attachment, etc. of the production of black CDs) and the laws and regulations on black stuffs video CDs

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommended sentences on the sentencing criteria: in a case where the scope of sentence recommended on the sentencing criteria for one year and June of imprisonment is inconsistent with the scope of applicable sentences by law, the lower limit of applicable sentences by law shall prevail.

2-year [Determination of Type] Crimes of Violence (Bodily Injury by Drivers): Reduction element of Punishment (The scope of recommended punishment): Imprisonment with prison labor for 10 months to 2 years.

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a year of suspended execution for a period of two years is committed by the defendant by assaulting the victim's head who is under way of dispute over the issue of payment of taxi expenses. The above crime may cause serious damage to the third party's life, body, and property by causing a traffic accident.

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