logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.04.20 2016고합86
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 sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

(a)aggravating concurrent crimes to the extent of the sum;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (which has grounds to consider the commission of a crime)

1. In light of the risk of the Defendant’s act of damaging the victim’s certificate of taxi driver and assaulting the victim who was driving a taxi without any particular reason while under the influence of alcohol, the crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 51 of the Criminal Act), the nature of the crime is bad, and the Defendant has been punished several times as violent crimes and has the history of having been punished for damage only once.

However, considering the circumstances favorable to the defendant such as the motive, means and result of the crime in this case, the circumstances after the crime in this case, the character and behavior of the defendant, and the environment of the defendant, and the scope of the recommended punishment in the sentencing guidelines of the Supreme Court (one year and six months to three months).

1. Crimes No. 1: The group of violent crimes, assault crimes, Type No. 4 (Bodily Injury by Drivers), the area of special mitigation (insignificant injury or punishment for persons with special mitigation: Insignificant injury or punishment), one year and six months (revision according to the lower limit of punishment by law), or two years; and

2. Second offense: The range of recommending punishment according to the standards for the group of damaged crimes, general standards, type 1 (property damage, etc.), the area of special mitigation (where actual damage is minor, no penalty shall be imposed), one month to six months of imprisonment, and the standards for the suspension of execution of imprisonment from one year and six months to two years of imprisonment, and the standards for the suspension of execution of imprisonment (major reasons: minor injury, penalty not imposed) shall be determined as the same as the order.

arrow