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(영문) 서울서부지방법원 2017.07.12 2017고합73
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2017, the Defendant, at around 23:00, was boarding a D taxi operated by the victim C (58 tax) at a place where the victim C (58 tax) is in a remote place located in the Young-si, Suwon-si.

At around 23:30 on the same day, the Defendant: (a) expressed the victim’s desire to “the head of the Si to write off and get off the taxi at the time,” and assaulted the victim’s right shoulder, neck, right shoulder, and 2 to 3 times on the part of the victim who is driving the taxi at the time.” (b) The Defendant used the victim’s right shoulder, neck, and right shoulder on the road located in Yongsan-gu, Yongsan-gu, Seoul. (c)

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Investigation reports (Presentation of a victim's vehicle boom image image), application of Acts and subordinate statutes to report himself/herself;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Aggravation factors for sentencing on the basis of the sentencing guidelines: Where the degree of violence is insignificant (the area of recommendations and the scope of recommendations), the basic area of the punishment [the area of recommendations and the scope of recommendations], and the extent of imprisonment for not less than 2 months and not more than 10 months.

3. Determination of sentence: The degree of assault against the victim for six months of imprisonment and one year of suspended execution is minor, and the victim does not have any particular injury due to the assault of this case, and the defendant acknowledges all of his mistake at the latest and reflects this, etc., which are favorable to the defendant, and the defendant committed the crime of this case at the same time, even though he had already been convicted of two times of violence (one time of punishment, one time of suspended execution), and the crime of this case is committed.

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